I 

116TH CONGRESS 

2D SESSION H. R. 2 

To authorize funds for Federal-aid highways, highway safety programs, and 

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2020 

Mr. DEFAZIO (for himself, Ms. NORTON, and Mr. LIPINSKI) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Investing in a New Vision for the Environment and Sur6 face Transportation in America Act’’ or the ‘‘INVEST in 

7 America Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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DIVISION A—FEDERAL SURFACE TRANSPORTATION PROGRAMS 

FOR FISCAL YEAR 2021 

Sec. 101. Extension of Federal surface transportation programs. 

Sec. 102. Federal Highway Administration. 

Sec. 103. Federal Transit Administration. 

Sec. 104. National Highway Traffic Safety Administration. 

Sec. 105. Federal Motor Carrier Safety Administration. 

Sec. 106. Definitions. 

DIVISION B—SURFACE TRANSPORTATION 

Sec. 1001. Applicability of division. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Program Conditions 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation limitation. 

Sec. 1103. Definitions and declaration of policy. 

Sec. 1104. Apportionment. 

Sec. 1105. Additional deposits into Highway Trust Fund. 

Sec. 1106. Transparency. 

Sec. 1107. Complete and context sensitive street design. 

Sec. 1108. Innovative project delivery Federal share. 

Sec. 1109. Transferability of Federal-aid highway funds. 

Sec. 1110. Tolling. 

Sec. 1111. HOV facilities. 

Sec. 1112. Buy America. 

Subtitle B—Programmatic Infrastructure Investment 

Sec. 1201. National highway performance program. 

Sec. 1202. Increasing the resilience of transportation assets. 

Sec. 1203. Emergency relief. 

Sec. 1204. Railway crossings. 

Sec. 1205. Surface transportation program. 

Sec. 1206. Transportation alternatives program. 

Sec. 1207. Bridge investment. 

Sec. 1208. Construction of ferry boats and ferry terminal facilities. 

Sec. 1209. Highway safety improvement program. 

Sec. 1210. Congestion mitigation and air quality improvement program. 

Sec. 1211. Electric vehicle charging stations. 

Sec. 1212. National highway freight program. 

Sec. 1213. Carbon pollution reduction. 

Sec. 1214. Recreational trails. 

Sec. 1215. Safe routes to school program. 

Sec. 1216. Bicycle transportation and pedestrian walkways. 

Subtitle C—Project-Level Investments 

Sec. 1301. Projects of national and regional significance. 

Sec. 1302. Community transportation investment grant program. 

Sec. 1303. Grants for charging and fueling infrastructure to modernize and reconnect America for the 21st century. 

Sec. 1304. Community climate innovation grants. 


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Sec. 1305. Metro performance program. 

Sec. 1306. Gridlock reduction grant program. 

Sec. 1307. Rebuild rural grant program. 

Sec. 1308. Parking for commercial motor vehicles. 

Sec. 1309. Active transportation connectivity grant program. 

Subtitle D—Planning, Performance Management, and Asset Management 

Sec. 1401. Metropolitan transportation planning. 

Sec. 1402. Statewide and nonmetropolitan transportation planning. 

Sec. 1403. National goals and performance management measures. 

Sec. 1404. Transportation demand data and modeling study. 

Subtitle E—Federal Lands, Tribes, and Territories 

Sec. 1501. Territorial and Puerto Rico highway program. 

Sec. 1502. Tribal transportation program. 

Sec. 1503. Tribal High Priority Projects program. 

Sec. 1504. Federal lands transportation program. 

Sec. 1505. Federal lands and Tribal major projects program. 

Sec. 1506. Office of Tribal Government Affairs. 

Sec. 1507. Alternative contracting methods. 

Sec. 1508. Divestiture of federally owned bridges. 

Subtitle F—Additional Provisions 

Sec. 1601. Toward zero deaths. 

Sec. 1602. Speed limits. 

Sec. 1603. Broadband infrastructure deployment. 

Sec. 1604. Appalachian development highway system funding flexibility. 

Sec. 1605. Stormwater best management practices. 

Sec. 1606. Pedestrian right-of-way. 

Sec. 1607. Highway formula modernization report. 

Sec. 1608. Consolidation of programs. 

Sec. 1609. Student outreach report to Congress. 

Sec. 1610. Task force on developing a 21st century surface transportation 

workforce. 

Sec. 1611. On-the-job training and supportive services. 

Sec. 1612. Work zone safety. 

Sec. 1613. Transportation education development program. 

Sec. 1614. Working group on construction resources. 

TITLE II—PUBLIC TRANSPORTATION 

Subtitle A—Federal Transit Administration 

Sec. 2101. Authorizations. 

Sec. 2102. Chapter 53 definitions. 

Sec. 2103. General provisions. 

Sec. 2104. Miscellaneous provisions. 

Sec. 2105. Policies and purposes. 

Sec. 2106. Fiscal year 2022 formulas. 

Subtitle B—Improving Frequency and Ridership 

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive grants. 

Sec. 2202. Incentivizing frequency in the urban formula. 

Sec. 2203. Mobility innovation. 


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Sec. 2204. Formula grants for rural areas. 

Sec. 2205. One-stop paratransit program. 

Subtitle C—Buy America and Other Procurement Reforms 

Sec. 2301. Buy America. 

Sec. 2302. Bus procurement streamlining. 

Sec. 2303. Bus testing facility. 

Subtitle D—Bus Grant Reforms 

Sec. 2401. Formula grants for buses. 

Sec. 2402. Bus facilities and fleet expansion competitive grants. 

Sec. 2403. Zero emission bus grants. 

Sec. 2404. Restoration to state of good repair formula subgrant. 

Subtitle E—Supporting All Riders 

Sec. 2501. Low-income urban formula funds. 

Sec. 2502. Rural persistent poverty formula. 

Sec. 2503. Demonstration grants to support reduced fare transit. 

Subtitle F—Supporting Frontline Workers and Passenger Safety 

Sec. 2601. National transit frontline workforce training center. 

Sec. 2602. Public transportation safety program. 

Sec. 2603. Automated vehicle transit workforce standards. 

Sec. 2604. Performance-based metrics. 

Subtitle G—Transit-Supportive Communities 

Sec. 2701. Transit-supportive communities. 

Sec. 2702. Property disposition for affordable housing. 

Sec. 2703. Affordable housing incentives in capital investment grants. 

Subtitle H—Innovation 

Sec. 2801. Mobility innovation sandbox program. 

Sec. 2802. Transit bus operator compartment redesign program. 

Sec. 2803. Federal Transit Administration Every Day Counts initiative. 

Sec. 2804. Technical corrections. 

Subtitle I—Other Program Reauthorizations 

Sec. 2901. Reauthorization for capital and preventive maintenance projects for 

Washington Metropolitan Area Transit Authority. 

Sec. 2902. Other apportionments. 

Subtitle J—Streamlining 

Sec. 2911. Fixed guideway capital investment grants. 

Sec. 2912. Rural and small urban apportionment deadline. 

Sec. 2913. Disposition of assets beyond useful life. 

Sec. 2914. Innovative coordinated access and mobility. 

TITLE III—HIGHWAY TRAFFIC SAFETY 

Sec. 3001. Authorization of appropriations. 

Sec. 3002. Highway safety programs. 


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Sec. 3003. Traffic safety enforcement grants. 

Sec. 3004. Highway safety research and development. 

Sec. 3005. Grant program to prohibit racial profiling. 

Sec. 3006. High-visibility enforcement program. 

Sec. 3007. National priority safety programs. 

Sec. 3008. Minimum penalties for repeat offenders for driving while intoxicated 

or driving under the influence. 

Sec. 3009. National priority safety program grant eligibility. 

TITLE IV—MOTOR CARRIER SAFETY 

Subtitle A—Motor Carrier Safety Grants, Operations, and Programs 

Sec. 4101. Motor carrier safety grants. 

Sec. 4102. Motor carrier safety operations and programs. 

Subtitle B—Motor Carrier Safety Oversight 

Sec. 4201. Motor carrier safety advisory committee. 

Sec. 4202. Compliance, safety, accountability. 

Sec. 4203. Terms and conditions for exemptions. 

Sec. 4204. Safety fitness of motor carriers of passengers. 

Subtitle C—Commercial Motor Vehicle Driver Safety 

Sec. 4301. Commercial drivers license for passenger carriers. 

Sec. 4302. Alcohol and controlled substances testing. 

Sec. 4303. Entry-level driver training. 

Sec. 4304. Driver detention time. 

Sec. 4305. Truck Leasing Task Force. 

Sec. 4306. Hours of service. 

Sec. 4307. Driver recruitment. 

Subtitle D—Commercial Motor Vehicle and School Bus Safety 

Sec. 4401. School bus safety standards. 

Sec. 4402. Illegal passing of school buses. 

Sec. 4403. State inspection of passenger-carrying commercial motor vehicles. 

Sec. 4404. Automatic emergency braking. 

Sec. 4405. Underride protection. 

Sec. 4406. Transportation of horses. 

TITLE V—INNOVATION 

Sec. 5001. Authorization of appropriations. 

Subtitle A—Research and Development 

Sec. 5101. Highway research and development program. 

Sec. 5102. Materials to reduce greenhouse gas emissions program. 

Sec. 5103. Transportation research and development 5-year strategic plan. 

Sec. 5104. University transportation centers program. 

Sec. 5105. Unsolicited research initiative. 

Sec. 5106. National cooperative multimodal freight transportation research program. 

Sec. 5107. Wildlife-vehicle collision reduction and habitat connectivity improvement. 

Sec. 5108. Research activities. 


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Subtitle B—Technology Deployment 

Sec. 5201. Technology and innovation deployment program. 

Sec. 5202. Accelerated implementation and deployment of pavement technologies. 

Sec. 5203. Federal Highway Administration Every Day Counts Initiative. 

Subtitle C—Emerging Technologies 

Sec. 5301. Safe, efficient mobility through advanced technologies. 

Sec. 5302. Intelligent transportation systems program. 

Sec. 5303. National highly automated vehicle and mobility innovation clearinghouse. 

Sec. 5304. Study on safe interactions between automated vehicles and road 

users. 

Sec. 5305. Nontraditional and Emerging Transportation Technology Council. 

Sec. 5306. Hyperloop transportation. 

Subtitle D—Surface Transportation Funding Pilot Programs 

Sec. 5401. State surface transportation system funding pilots. 

Sec. 5402. National surface transportation system funding pilot. 

Subtitle E—Miscellaneous 

Sec. 5501. Ergonomic seating working group. 

Sec. 5502. Repeal of section 6314 of title 49, United States Code. 

Sec. 5503. Reports. 

TITLE VI—MULTIMODAL TRANSPORTATION 

Sec. 6001. National multimodal freight policy. 

Sec. 6002. National freight strategic plan. 

Sec. 6003. National multimodal freight network. 

Sec. 6004. State freight advisory committees. 

Sec. 6005. State freight plans. 

Sec. 6006. Study of freight transportation fee. 

Sec. 6007. National Surface Transportation and Innovative Finance Bureau. 

Sec. 6008. Local hire. 

TITLE VII—TRANSPORTATION INFRASTRUCTURE FINANCE AND 

INNOVATION ACT 

Sec. 7001. Transportation Infrastructure Finance and Innovation Act. 

DIVISION C—HAZARDOUS MATERIALS TRANSPORTATION 

Sec. 8001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 8101. Authorization of appropriations. 

TITLE II—HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT 

Sec. 8201. Repeal of certain requirements related to lithium cells and batteries. 

Sec. 8202. Transportation of liquefied natural gas by rail tank car. 

Sec. 8203. Hazardous materials training requirements and grants. 


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Sec. 8204. Study on hazardous materials transported by commercial motor vehicles on highway-rail grade crossings. 

DIVISION D—RAIL 

Sec. 9001. Short title. 

TITLE I—AUTHORIZATIONS 

Sec. 9101. Authorization of appropriations. 

Sec. 9102. Passenger rail improvement, modernization, and expansion grants. 

Sec. 9103. Consolidated rail infrastructure and safety improvement grants. 

Sec. 9104. Railroad rehabilitation and improvement financing. 

Sec. 9105. Buy America. 

Sec. 9106. Rail network climate change vulnerability assessment. 

TITLE II—AMTRAK REFORMS 

Sec. 9201. Amtrak findings, mission, and goals. 

Sec. 9202. Amtrak status. 

Sec. 9203. Board of Directors. 

Sec. 9204. Amtrak preference enforcement. 

Sec. 9205. Use of facilities and providing services to Amtrak. 

Sec. 9206. Prohibition on mandatory arbitration. 

Sec. 9207. Amtrak ADA assessment. 

Sec. 9208. Prohibition on smoking on Amtrak trains. 

Sec. 9209. State-supported routes operated by Amtrak. 

Sec. 9210. Amtrak Police Department. 

Sec. 9211. Amtrak food and beverage. 

Sec. 9212. Clarification on Amtrak contracting out. 

Sec. 9213. Amtrak staffing. 

Sec. 9214. Special transportation. 

Sec. 9215. Disaster and emergency relief program. 

Sec. 9216. Recreational trail access. 

TITLE III—INTERCITY PASSENGER RAIL POLICY 

Sec. 9301. Northeast Corridor Commission. 

Sec. 9302. Northeast Corridor planning. 

Sec. 9303. Protective arrangements. 

Sec. 9304. High-speed rail funds. 

TITLE IV—COMMUTER RAIL POLICY 

Sec. 9401. Surface Transportation Board mediation of trackage use requests. 

Sec. 9402. Surface Transportation Board mediation of rights-of-way use requests. 

TITLE V—RAIL SAFETY 

Subtitle A—Passenger and Freight Safety 

Sec. 9501. National Academies study on safety impact of trains longer than 

7,500 feet. 

Sec. 9502. GAO study on changes in freight railroad operating and scheduling 

practices. 

Sec. 9503. FRA safety reporting. 

Sec. 9504. Waiver notice requirements. 


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Sec. 9505. Notice of FRA comprehensive safety assessments. 

Sec. 9506. FRA accident and incident investigations. 

Sec. 9507. Rail safety improvements. 

Sec. 9508. Annual review of speed limit action plans. 

Sec. 9509. Freight train crew size safety standards. 

Sec. 9510. Safe cross border operations. 

Sec. 9511. Yardmasters hours of service. 

Sec. 9512. Leaking brakes. 

Sec. 9513. Annual report on PTC system failures. 

Sec. 9514. Fatigue reduction pilot projects. 

Sec. 9515. Assault prevention and response plans. 

Sec. 9516. Critical incident stress plans. 

Sec. 9517. Study on safety culture assessments. 

Subtitle B—Grade Crossing Safety 

Sec. 9551. Grade crossing separation grant. 

Sec. 9552. Rail safety public awareness grant. 

Sec. 9553. Establishment of 10-minute time limit for blocking public grade 

crossings. 

Sec. 9554. National strategy to address blocked crossings. 

Sec. 9555. Railroad point of contact for blocked crossing matters. 

1 DIVISION A—FEDERAL SURFACE 

2 TRANSPORTATION PRO3 GRAMS FOR FISCAL YEAR 

4 2021 

5 SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPOR6 TATION PROGRAMS. 

7 (a) EXTENSION OF FEDERAL SURFACE TRANSPOR8 TATION PROGRAMS.— 

9 (1) IN GENERAL.—Except as otherwise pro10 vided in this division, the requirements, authorities, 

11 conditions, eligibilities, limitations, and other provi12 sions authorized under the covered laws, which 

13 would otherwise expire on or cease to apply after 

14 September 30, 2020, are incorporated by reference 


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1 and shall continue in effect through September 30, 

2 2021. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.— 

4 (A) HIGHWAY TRUST FUND.— 

5 (i) HIGHWAY ACCOUNT.— 

6 (I) IN GENERAL.—Except as pro7 vided in subclause (II), there is au8 thorized to be appropriated from the 

9 Highway Account for fiscal year 2021, 

10 for each program under the covered 

11 laws with respect to which amounts 

12 are authorized to be appropriated 

13 from such account for fiscal year 

14 2020, an amount equal to the amount 

15 authorized for appropriation with re16 spect to the program from such ac17 count for fiscal year 2020. 

18 (II) ADMINISTRATIVE EX19 PENSES.—Notwithstanding any other 

20 provision of this division, there is au21 thorized to be appropriated from the 

22 Highway Account for fiscal year 

23 2021— 

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1 eral Highway Administration, as 

2 described in section 104(a) of 

3 title 23, United States Code; and 

4 (bb) $30,086,000 for grant 

5 administrative expenses of the 

6 National Highway Traffic Safety 

7 Administration, as described in 

8 section 4001(a)(6) of the FAST 

9 Act (Public Law 114–94). 

10 (ii) MASS TRANSIT ACCOUNT.—There 

11 is authorized to be appropriated from the 

12 Mass Transit Account for fiscal year 2021, 

13 for each program under the covered laws 

14 with respect to which amounts are author15 ized to be appropriated from such account 

16 for fiscal year 2020, an amount equal to 

17 the amount authorized for appropriation 

18 with respect to the program from such ac19 count for fiscal year 2020. 

20 (B) GENERAL FUND.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii), there is authorized to be ap23 propriated for fiscal year 2021, for each 

24 program with respect to which amounts 

25 are authorized to be appropriated for fiscal 


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1 year 2020 from an account other than the 

2 Highway Account or the Mass Transit Ac3 count under the titles described in sub4 section (b)(1), an amount not less than the 

5 amount authorized for appropriation with 

6 respect to the program under such titles 

7 for fiscal year 2020. 

8 (ii) ADMINISTRATIVE EXPENSES.— 

9 Notwithstanding any other provision of 

10 this division, there is authorized to be ap11 propriated from the general fund of the 

12 Treasury for fiscal year 2021 

13 $140,016,543 for administrative expenses 

14 of the Federal Transit Administration. 

15 (3) USE OF FUNDS.—Except as otherwise pro16 vided in this division, amounts authorized to be ap17 propriated for fiscal year 2021 with respect to a pro18 gram under paragraph (2) shall be distributed, ad19 ministered, limited, and made available for obliga20 tion in the same manner as amounts authorized to 

21 be appropriated with respect to the program for fis22 cal year 2020 under the covered laws. 

23 (4) OBLIGATION LIMITATION.—A program for 

24 which amounts are authorized to be appropriated 

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1 tion on obligations for fiscal year 2021 in the same 

2 amount and in the same manner as the limitation 

3 applicable with respect to the program for fiscal year 

4 2020 under the Department of Transportation Ap5 propriations Act, 2020 (Public Law 116–94), as in 

6 effect on December 20, 2019. 

7 (b) DEFINITIONS.—In this section, the term ‘‘covered 

8 laws’’ means the following: 

9 (1) Titles I, III, IV, V, and VI of division A of 

10 the FAST Act (Public Law 114–94). 

11 (2) Division A, division B, subtitle A of title I 

12 and title II of division C, and division E of MAP– 

13 21 (Public Law 112–141). 

14 (3) Titles I, II, and III of the SAFETEA–LU 

15 Technical Corrections Act of 2008 (Public Law 110– 

16 244). 

17 (4) Titles I, II, III, IV, V, and VI of 

18 SAFETEA–LU (Public Law 109–59). 

19 (5) Titles I, II, III, IV, and V of the Transpor20 tation Equity Act for the 21st Century (Public Law 

21 105–178). 

22 (6) Titles II, III, and IV of the National High23 way System Designation Act of 1995 (Public Law 

24 104–59). 


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1 (7) Title I, part A of title II, title III, title IV, 

2 title V, and title VI of the Intermodal Surface 

3 Transportation Efficiency Act of 1991 (Public Law 

4 102–240). 

5 (8) Title 23, United States Code. 

6 (9) Sections 116, 117, 330, and 5505 and 

7 chapters 53, 139, 303, 311, 313, 701, and 702 of 

8 title 49, United States Code. 

9 SEC. 102. FEDERAL HIGHWAY ADMINISTRATION. 

10 (a) ADDITIONAL AMOUNTS.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.— 

12 (A) IN GENERAL.—In addition to amounts 

13 authorized under section 101, there is author14 ized to be appropriated from the Highway Ac15 count for fiscal year 2021, for activities under 

16 this section, $14,742,808,640. 

17 (B) CONTRACT AUTHORITY.—Amounts au18 thorized to be appropriated under subparagraph 

19 (A) shall be available for obligation as if appor20 tioned under chapter 1 of title 23, United 

21 States Code. 

22 (2) OBLIGATION CEILING.— 

23 (A) IN GENERAL.—Notwithstanding any 

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1 ligations for activities authorized under para2 graph (1) shall not exceed $14,742,808,640. 

3 (B) DISTRIBUTION OF OBLIGATION AU4 THORITY.— 

5 (i) IN GENERAL.—Of the obligation 

6 authority provided under subparagraph 

7 (A), the Secretary shall make available to 

8 States, Tribes, Puerto Rico, the territories, 

9 and Federal land management agencies, 

10 during the period of fiscal year 2021, 

11 amounts of obligation authority equal to 

12 the amounts described in subparagraphs 

13 (A) through (E) of paragraph (3), respec14 tively. 

15 (ii) FURTHER DISTRIBUTION.—Each 

16 State, each Tribe, Puerto Rico, each terri17 tory, and each Federal land management 

18 agency receiving funds under subpara19 graphs (A) through (E) of paragraph (3), 

20 respectively, shall receive an amount of ob21 ligation authority equal to the funds that 

22 it receives under any of such subpara23 graphs. 

24 (C) REDISTRIBUTION OF UNUSED OBLIGA25 TION AUTHORITY.— 


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1 (i) IN GENERAL.—Notwithstanding 

2 subparagraph (B), the Secretary shall, 

3 after August 1 of fiscal year 2021— 

4 (I) revise a distribution of the ob5 ligation authority made available 

6 under subparagraph (B) if an amount 

7 distributed cannot be obligated during 

8 that fiscal year; and 

9 (II) redistribute sufficient 

10 amounts to those States able to obli11 gate amounts in addition to those pre12 viously distributed during that fiscal 

13 year, giving priority to those States 

14 having large unobligated balances of 

15 funds apportioned under sections 144 

16 (as in effect on the day before the 

17 date of enactment of MAP–21 (Public 

18 Law 112–141)) and 104 of title 23, 

19 United States Code. 

20 (ii) ADMINISTRATION.—The Secretary 

21 shall administer a redistribution under 

22 clause (i) of obligation authority provided 

23 under subparagraph (B) in a similar man24 ner as the standard August redistribution. 


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1 (iii) USE OF OBLIGATION AUTHOR2 ITY.—A State may use obligation authority 

3 that it receives pursuant to this subpara4 graph in the same manner that it uses ob5 ligation authority that it receives as part of 

6 the standard August redistribution. 

7 (3) DISTRIBUTION OF FUNDS.—Amounts au8 thorized to be appropriated for fiscal year 2021 

9 under paragraph (1) shall be distributed as follows: 

10 (A) $14,384,629,710 to the States. 

11 (B) $167,481,814 to Tribes. 

12 (C) $52,400,251 to Puerto Rico. 

13 (D) $13,929,181 to the territories. 

14 (E) $124,367,684 to Federal land manage15 ment agencies. 

16 (4) STATE FUNDS.— 

17 (A) DISTRIBUTION.— 

18 (i) IN GENERAL.—Amounts made 

19 available under paragraph (3)(A) shall be 

20 distributed among the States in the same 

21 ratio as total State apportionments under 

22 section 104(c)(1) of title 23, United States 

23 Code, in fiscal year 2020. 

24 (ii) SUBALLOCATION.— 


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1 (I) IN GENERAL.—Amounts dis2 tributed among the States under 

3 clause (i) shall be suballocated within 

4 the State to areas described in sub5 clause (II) in the proportion that— 

6 (aa) the total amount of 

7 funds suballocated to such areas 

8 of the State as described in such 

9 subclause for fiscal year 2020; 

10 bears to 

11 (bb) the total amount of 

12 funds apportioned to the State 

13 for the Federal-aid highway pro14 gram under section 104 of title 

15 23, United States Code, for fiscal 

16 year 2020. 

17 (II) AREAS DESCRIBED.—The 

18 areas described in this subclause 

19 are— 

20 (aa) urbanized areas of the 

21 State with an urbanized area 

22 population of over 200,000; 

23 (bb) areas of the State other 

24 than urban areas with a popu25 lation greater than 5,000; and 


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1 (cc) other areas of the State. 

2 (B) TREATMENT.—Except as otherwise 

3 provided in this paragraph, amounts made 

4 available under paragraph (3)(A) shall be ad5 ministered as if apportioned under chapter 1 of 

6 title 23, United States Code. 

7 (C) USE OF FUNDS.—Amounts made avail8 able under paragraph (3)(A) may be obligated 

9 for— 

10 (i) eligible projects described in sec11 tion 133(b) of title 23, United States 

12 Code, subject to section 133(c) of such 

13 title; and 

14 (ii) administrative expenses, including 

15 salaries and benefits, of— 

16 (I) the State department of 

17 transportation; 

18 (II) a local transportation agen19 cy; or 

20 (III) a metropolitan planning or21 ganization. 

22 (5) TRIBAL FUNDS.— 

23 (A) TREATMENT.— 

24 (i) IN GENERAL.—Except as otherwise 

25 provided in this paragraph, amounts made 


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1 available under paragraph (3)(B) shall be 

2 administered as if made available under 

3 section 202 of title 23, United States 

4 Code. 

5 (ii) NONAPPLICABILITY OF CERTAIN

6 PROVISIONS OF LAW.—Subsections (a)(6), 

7 (c), (d), and (e) of section 202 of title 23, 

8 United States Code, shall not apply to 

9 amounts made available under paragraph 

10 (3)(B). 

11 (B) USE OF FUNDS.—Amounts made 

12 available under paragraph (3)(B) may be obli13 gated for— 

14 (i) activities eligible under section 

15 202(a)(1) of title 23, United States Code; 

16 and 

17 (ii) transportation-related administra18 tive expenses, including salaries and bene19 fits, of the Tribe. 

20 (6) FUNDS FOR PUERTO RICO AND THE TERRI21 TORIES.— 

22 (A) TREATMENT.— 

23 (i) IN GENERAL.—Except as otherwise 

24 provided in this paragraph, amounts made 

25 available under paragraphs (3)(C) and 


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1 (3)(D) shall be administered as if allocated 

2 under sections 165(b) and 165(c), respec3 tively, of title 23, United States Code. 

4 (ii) NONAPPLICABILITY OF CERTAIN

5 PROVISIONS OF LAW.—Section 165(b)(2) 

6 of title 23, United States Code, shall not 

7 apply to amounts made available to Puerto 

8 Rico under paragraph (3)(C). 

9 (B) USE OF FUNDS.— 

10 (i) PUERTO RICO.—Amounts made 

11 available to Puerto Rico under paragraph 

12 (3)(C) may be obligated for— 

13 (I) activities eligible under chap14 ter 1 of title 23, United States Code; 

15 and 

16 (II) transportation related ad17 ministrative expenses, including sala18 ries and benefits. 

19 (ii) TERRITORIES.—Amounts made 

20 available to a territory under paragraph 

21 (3)(D) may be obligated for— 

22 (I) activities eligible under sec23 tion 165(c)(6) of title 23, United 

24 States Code, subject to section 

25 165(c)(7) of such title; and 


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1 (II) transportation-related ad2 ministrative expenses, including sala3 ries and benefits. 

4 (7) FEDERAL LAND MANAGEMENT AGENCY

5 FUNDS.— 

6 (A) DISTRIBUTION.—Amounts made avail7 able under paragraph (3)(E) shall be distrib8 uted among the Federal land management 

9 agencies as follows: 

10 (i) $99,494,147 for the National Park 

11 Service. 

12 (ii) $9,949,415 for the United States 

13 Fish and Wildlife Service. 

14 (iii) $6,301,296 for the United States 

15 Forest Service. 

16 (iv) $8,622,826 to be allocated to the 

17 applicable Federal land management agen18 cies as described in section 203(b) of title 

19 23, United States Code. 

20 (B) TREATMENT.—Amounts made avail21 able under paragraph (3)(E) shall be adminis22 tered as if made available under section 203 of 

23 title 23, United States Code. 

24 (8) DISADVANTAGED BUSINESS ENTER25 PRISES.—Section 1101(b) of the FAST Act (Public 


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1 Law 114–94) shall apply to additional amounts 

2 made available under paragraph (1). 

3 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

4 (1) SUBALLOCATED AMOUNTS.— 

5 (A) USE OF FUNDS.—Amounts authorized 

6 to be appropriated for fiscal year 2021 with re7 spect to a program under section 101(a)(2)(A) 

8 that are suballocated pursuant to section 

9 133(d)(1)(A) of title 23, United States Code, 

10 may be obligated for— 

11 (i) eligible projects as described in 

12 section 133(b) of title 23, United States 

13 Code; or 

14 (ii) administrative expenses, including 

15 salaries and benefits, of— 

16 (I) a local transportation agency; 

17 or 

18 (II) a metropolitan planning or19 ganization. 

20 (B) OBLIGATION AUTHORITY.— 

21 (i) IN GENERAL.—A State that is re22 quired to obligate in an urbanized area 

23 with an urbanized area population of over 

24 200,000 individuals under section 133(d) 

25 of title 23, United States Code, funds apVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 portioned to the State under section 

2 104(b)(2) of such title shall make available 

3 during the period of fiscal years 2016 

4 through 2021 an amount of obligation au5 thority distributed to the State for Fed6 eral-aid highways and highway safety con7 struction programs for use in the area that 

8 is equal to the amount obtained by multi9 plying— 

10 (I) the aggregate amount of 

11 funds that the State is required to ob12 ligate in the area under section 

13 133(d) of title 23, United States 

14 Code, during the period; and 

15 (II) the ratio that— 

16 (aa) the aggregate amount 

17 of obligation authority distrib18 uted to the State for Federal-aid 

19 highways and highway safety 

20 construction programs during the 

21 period; bears to 

22 (bb) the total of the sums 

23 apportioned to the State for Fed24 eral-aid highways and highway 

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1 cluding sums not subject to an 

2 obligation limitation) during the 

3 period. 

4 (ii) JOINT RESPONSIBILITY.—Each 

5 State, each affected metropolitan planning 

6 organization, and the Secretary shall joint7 ly ensure compliance with clause (i). 

8 (2) FERRY BOAT PROGRAM.—Amounts author9 ized to be appropriated for fiscal year 2021 with re10 spect to a program under section 101(a)(2)(A) that 

11 are made available for the construction of ferry 

12 boats and ferry terminal facilities under section 147 

13 of title 23, United States Code, may be obligated— 

14 (A) in accordance with sections 129(c) and 

15 147 of title 23, United States Code; 

16 (B) for administrative expenses, including 

17 salaries and benefits, of a ferry boat operator or 

18 ferry terminal facility operator eligible for Fed19 eral participation under section 129(c) of title 

20 23, United States Code; and 

21 (C) for operating costs associated with a 

22 ferry boat or ferry terminal facility eligible for 

23 Federal participation under section 129(c) of 

24 title 23, United States Code. 


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1 (3) NATIONALLY SIGNIFICANT FREIGHT AND

2 HIGHWAY PROJECTS.—In fiscal year 2021, the pro3 gram carried out under section 117 of title 23, 

4 United States Code, shall, in addition to any other5 wise applicable requirements, be subject to the fol6 lowing provisions: 

7 (A) MULTIMODAL PROJECTS.—Notwith8 standing subsection (d)(2)(A) of such section, 

9 the limitation for projects described in such 

10 subsection shall be $600,000,000 for fiscal 

11 years 2016 through 2021. 

12 (B) ADDITIONAL CONSIDERATIONS.—Not13 withstanding subsection (h)(2) of such section, 

14 the Secretary shall not consider the utilization 

15 of non-Federal contributions. 

16 (C) EVALUATION AND RATING.—To evalu17 ate applications for funding under such section, 

18 the Secretary shall— 

19 (i) determine whether a project is eli20 gible for a grant under such section; 

21 (ii) evaluate, through a methodology 

22 that is discernible and transparent to the 

23 public, how each application addresses the 

24 merit criteria established by the Secretary; 


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1 (iii) assign a quality rating for each 

2 merit criteria for each application based on 

3 the evaluation under clause (ii); 

4 (iv) ensure that applications receive 

5 final consideration by the Secretary to re6 ceive an award under such section only on 

7 the basis of such quality ratings and that 

8 the Secretary gives final consideration only 

9 to applications that meet the minimally ac10 ceptable level for each of the merit criteria; 

11 and 

12 (v) award grants only to projects 

13 rated highly under the evaluation and rat14 ing process. 

15 (D) PUBLICATION AND METHODOLOGY.— 

16 In any published notice of funding opportunity 

17 for a grant under such section, the Secretary 

18 shall include detailed information on the rating 

19 methodology and merit criteria to be used to 

20 evaluate applications. 

21 (E) REPEAT APPLICATIONS.— 

22 (i) BRIEFING.—The Secretary shall 

23 provide to each applicant that applied for, 

24 but did not receive, funding under such 

25 section in fiscal year 2019 or 2020, at the 


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1 request of the applicant, the opportunity to 

2 receive a briefing to— 

3 (I) explain any reasons the appli4 cation was not selected for funding; 

5 and 

6 (II) advise the applicant on how 

7 to improve the application for resub8 mission in fiscal year 2021 under the 

9 application criteria described in this 

10 paragraph. 

11 (ii) SUPPLEMENTARY APPLICATION.— 

12 (I) IN GENERAL.—An applicant 

13 for funding under such section may 

14 elect to resubmit an application from 

15 a previous solicitation with a supple16 mentary appendix that describes how 

17 the proposed project meets the re18 quirements of section 117 of title 23, 

19 United States Code, and this para20 graph. 

21 (II) REQUIREMENTS.—The Sec22 retary shall ensure that applications 

23 submitted under subclause (I), includ24 ing the supplementary appendix, are 

25 evaluated based on such requirements. 


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1 (F) CONGRESSIONAL NOTIFICATION.—A 

2 notification submitted pursuant to subsection 

3 (m) of such section shall include— 

4 (i) a summary of each application 

5 submitted and, at the request of either 

6 Committee, a copy of any application sub7 mitted; 

8 (ii) a list of any projects the Secretary 

9 determined were not eligible for funding; 

10 (iii) a description of the specific cri11 teria used for each evaluation, including 

12 the quality rating assigned for each eligible 

13 application submitted; 

14 (iv) a list of all projects that advanced 

15 to the Secretary for consideration; and 

16 (v) a detailed justification of the basis 

17 for each award proposed to be selected. 

18 (c) FEDERAL SHARE.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3) and notwithstanding section 120 of title 

21 23, United States Code, or any other provision of 

22 this division, the Federal share associated with 

23 funds described in paragraph (2) that are obligated 

24 during fiscal year 2021 may be up to 100 percent. 


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1 (2) FUNDS DESCRIBED.—The funds described 

2 in this paragraph are funds made available for the 

3 implementation or execution of Federal-aid highway 

4 and highway safety construction programs author5 ized under title 23 or 49, United States Code, the 

6 FAST Act (Public Law 114–94), or this division. 

7 (3) EXCEPTIONS.—Paragraph (1) shall not 

8 apply to amounts obligated under section 115 or 117 

9 of title 23, United States Code, or chapter 6 of such 

10 title. 

11 (d) ADMINISTRATIVE EXPENSES.— 

12 (1) SELF-CERTIFICATION AND AUDIT.— 

13 (A) IN GENERAL.—Prior to the obligation 

14 of funds for administrative expenses pursuant 

15 to paragraph (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), 

16 or (6)(B)(ii)(II) of subsection (a) or paragraphs 

17 (1)(A)(ii) and (2)(B) of subsection (b), a State, 

18 a Tribe, Puerto Rico, or a territory, as applica19 ble, shall certify to the Secretary that such ad20 ministrative expenses meet the requirements of 

21 such paragraphs, as applicable. 

22 (B) AUDIT.—The Secretary may conduct 

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1 trative expenses described under subparagraph 

2 (A). 

3 (2) PLANNING.—Notwithstanding any other 

4 provision of law, administrative expenses described 

5 in paragraph (1)(A) shall not be required to be in6 cluded in a metropolitan transportation plan, a long7 range statewide transportation plan, a transpor8 tation improvement program, or a statewide trans9 portation improvement program under sections 134 

10 or 135 of title 23, United States Code, or chapter 

11 53 of title 49, United States Code, as applicable. 

12 (e) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) STANDARD AUGUST REDISTRIBUTION.—The 

15 term ‘‘standard August redistribution’’ means the 

16 redistribution of obligation authority and amounts 

17 that the Secretary is directed to administer under— 

18 (A) section 1102(d) of the FAST Act 

19 (Public Law 114–94); or 

20 (B) any Act making appropriations for the 

21 Department of Transportation for fiscal year 

22 2021. 

23 (2) STATE.—The term ‘‘State’’ means the 50 

24 States and the District of Columbia. 


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1 (3) TERRITORY.—The term ‘‘territory’’ means 

2 any of the following territories of the United States: 

3 (A) American Samoa. 

4 (B) The Commonwealth of the Northern 

5 Mariana Islands. 

6 (C) Guam. 

7 (D) The United States Virgin Islands. 

8 (4) URBAN AREA; URBANIZED AREA.—The 

9 terms ‘‘urban area’’ and ‘‘urbanized area’’ have the 

10 meanings given such terms in section 101 of title 23, 

11 United States Code. 

12 SEC. 103. FEDERAL TRANSIT ADMINISTRATION. 

13 (a) ADDITIONAL AMOUNTS.— 

14 (1) AUTHORIZATION OF APPROPRIATIONS FROM

15 MASS TRANSIT ACCOUNT.— 

16 (A) IN GENERAL.—In addition to amounts 

17 authorized under section 101, there is author18 ized to be appropriated from the Mass Transit 

19 Account for fiscal year 2021, for activities 

20 under this section, $5,794,851,538. 

21 (B) APPORTIONMENT.—Amounts author22 ized under subparagraph (A) shall be appor23 tioned in accordance with section 5310, section 

24 5311 (other than subsections (b)(3), (c)(1)(A), 

25 and (c)(2) of such section), section 5336 (other 


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1 than subsection (h)(4) of such section), section 

2 5337, and section 5340 of title 49, United 

3 States Code, except that funds apportioned 

4 under section 5337 of such title shall be added 

5 to funds apportioned under section 5307 of 

6 such title for administration under section 5307 

7 of such title. 

8 (C) ALLOCATION.—The Secretary shall al9 locate the amounts authorized to be appro10 priated to sections 5307, 5310, 5311, 5337, 

11 and 5340 of title 49, United States Code, 

12 among such sections in the same ratio as funds 

13 are provided in the fiscal year 2020 appropria14 tions. 

15 (2) AUTHORIZATION OF APPROPRIATIONS FROM

16 GENERAL FUND.—In addition to amounts authorized 

17 under section 101(a)(1)(B), there is authorized to be 

18 appropriated from the general fund of the Treas19 ury— 

20 (A) $958,000,000 to carry out section 

21 5309 of title 49, United States Code; and 

22 (B) such sums as may be necessary to be 

23 made available as described in subsection (c) 

24 and that such sums shall be designated by the 

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1 ment pursuant to section 251(b)(2)(A)(i) of the 

2 Balanced Budget and Emergency Deficit Con3 trol Act of 1985. 

4 (3) DISADVANTAGED BUSINESS ENTER5 PRISES.—Section 1101(b) of the FAST Act (Public 

6 Law 114–94) shall apply to additional amounts 

7 made available under this subsection. 

8 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

9 (1) USE OF FUNDS.—Notwithstanding 

10 5307(a)(1) of title 49, United States Code, amounts 

11 made available under subsection (a)(1)(A) may be 

12 obligated for— 

13 (A) operating expenses, including, begin14 ning on January 20, 2020— 

15 (i) reimbursement for operating costs 

16 to maintain service and offset lost revenue, 

17 including the purchase of personal protec18 tive equipment; and 

19 (ii) paying the administrative leave of 

20 operations personnel due to reductions in 

21 service; and 

22 (B) any other activity eligible under sec23 tion 5307, 5310, 5311, or 5337 of title 49, 

24 United States Code. 


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1 (2) CONDITIONS.—Recipients use of funds 

2 under paragraph (1) shall— 

3 (A) not require that operating expenses de4 scribed in paragraph (1)(A) be included in a 

5 metropolitan transportation plan, long-range 

6 statewide transportation plan, a transportation 

7 improvement program, or a statewide transpor8 tation improvement program; 

9 (B) meet the requirements of section 5333 

10 of title 49, United States Code; and 

11 (C) to the maximum extent possible, be di12 rected to payroll and public transit service, un13 less the recipient certifies to the Secretary that 

14 such recipient has not furloughed any employ15 ees. 

16 (3) OVERSIGHT.— 

17 (A) Of the amounts made available to 

18 carry out this section, the percentages available 

19 for oversight in section 5338(f)(1) of title 49, 

20 United States Code, shall apply to the alloca21 tions of funds in subsection (a)(1)(C). 

22 (B) USE OF FUNDS.—Amounts made 

23 available under subsection (a)(1)(A) shall be 

24 available for administrative expenses and pro25 gram management oversight as authorized 


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1 under sections 5334 and 5338(f)(2) of title 49, 

2 United States Code. 

3 (4) ADMINISTRATION OF GRANTS.—Amounts 

4 made available under subsection (a)(1)(A) shall be 

5 administered, at the option of the recipient, as 

6 grants provided under the CARES Act (Public Law 

7 116–136) are administered. 

8 (c) CIG COVID–19 EMERGENCY RELIEF PRO9 GRAM.— 

10 (1) IN GENERAL.—From amounts made avail11 able under subsection (a)(2)(B) and notwithstanding 

12 section 5309(k)(2)(C)(ii) or section 5309(l)(1)(B)(ii) 

13 of title 49, United States Code, at the request of a 

14 project sponsor, the Secretary shall use such sums 

15 as may be necessary to provide an additional 30 per16 cent of total project costs for any project under— 

17 (A) 5309(d) of title 49, United States 

18 Code, that has been approved for advancement 

19 into the engineering phase; 

20 (B) 5309(e) of title 49, United States 

21 Code, that has entered into the project develop22 ment phase or approved for advancement into 

23 the engineering phase; and 

24 (C) subsection (d) or (e) of section 5309 of 

25 title 49, United States Code, that has a full 


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1 funding grant agreement entered into under ei2 ther such subsection after January 1, 2017. 

3 (2) PROJECT ELIGIBILITY.—From amounts 

4 made available under subsection (a)(2)(B), the Sec5 retary shall use such sums as may be necessary for 

6 projects under section 5309 of title 49, United 

7 States Code, that— 

8 (A) are not eligible for funds made avail9 able under paragraph (1); and 

10 (B) have remaining scheduled Federal 

11 funds to be appropriated under a full funding 

12 grant agreement under such section. 

13 (3) DEFERRED LOCAL SHARE.—The Secretary 

14 shall allow a project sponsor to defer payment of the 

15 local share for any project described in paragraphs 

16 (1) and (2). 

17 (4) TOTAL PROJECT COST.—In this subsection, 

18 the term ‘‘total project cost’’ means the most recent 

19 total project cost stipulated in— 

20 (A) the full funding grant agreement; 

21 (B) the approval into project engineering; 

22 or 

23 (C) the project rating for a project not yet 

24 approved into project engineering. 

25 (d) FEDERAL SHARE.— 


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1 (1) IN GENERAL.—Notwithstanding chapter 53 

2 of title 49, United States Code, or any other provi3 sion of this division, the Federal share associated 

4 with funds described in paragraph (2) that are obli5 gated during fiscal year 2021 may be up to 100 per6 cent. 

7 (2) FUNDS DESCRIBED.—The funds described 

8 in this paragraph are funds made available for the 

9 implementation of transit programs authorized by 

10 chapter 53 of title 49, United States Code, the 

11 FAST Act (Public Law 114–94), or this division, ex12 cluding funds made available to projects under sec13 tion 5309 of title 49, United States Code. 

14 (e) CONDITION FOR APPORTIONMENT.—No funds 

15 authorized in this division or any other Act may be used 

16 to adjust Mass Transit Account apportionments or with17 hold funds from Mass Transit Account apportionments 

18 pursuant to section 9503(e)(4) of the Internal Revenue 

19 Code of 1986 in fiscal year 2021. 

20 SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS21 TRATION. 

22 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— 

23 (1) IN GENERAL.— 

24 (A) AUTHORIZATION OF APPROPRIA25 TIONS.—In addition to amounts authorized 


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1 under section 101, there is authorized to be ap2 propriated from the Highway Account for fiscal 

3 year 2021, for activities under this subsection, 

4 $244,514,000. 

5 (B) CONTRACT AUTHORITY.—Amounts au6 thorized under subparagraph (A) shall be avail7 able for obligation in the same manner as if 

8 such funds were apportioned under chapter 1 of 

9 title 23, United States Code. 

10 (2) DISTRIBUTION OF FUNDS.—Amounts au11 thorized to be appropriated for fiscal year 2021 

12 under paragraph (1) shall be distributed as follows: 

13 (A) $105,000,000 for carrying out section 

14 402 of title 23, United States Code. 

15 (B) $15,312,000 for carrying out section 

16 403 of title 23, United States Code. 

17 (C) $19,202,000 for carrying out section 

18 404 of title 23, United States Code. 

19 (D) $105,000,000 for carrying out section 

20 405 of title 23, United States Code. 

21 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

22 (1) FEDERAL SHARE.—Notwithstanding sec23 tions 120, 405(b)(2), 405(c)(2), 405(d)(2) and 

24 405(h)(2) of title 23, United States Code, the Fed25 eral share of activities for fiscal year 2021 carried 


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1 out under chapter 4 of title 23, United States Code 

2 and section 1906 of SAFETEA–LU (23 U.S.C. 402 

3 note) shall be 100 percent. 

4 (2) PERIOD OF AVAILABILITY.—Notwith5 standing section 118(b) of title 23, United States 

6 Code, funds apportioned or allocated to a State in 

7 fiscal years 2017 and 2018 under sections 402 and 

8 405 of title 23, United States Code, and section 

9 1906 of SAFETEA–LU (23 U.S.C. 402 note), shall 

10 remain available for obligation in that State for a 

11 period of 4 years after the last day of the fiscal year 

12 for which the funds are authorized. 

13 (3) MAINTENANCE OF EFFORT.—Notwith14 standing section 405(a)(9) of title 23, United States 

15 Code, the Secretary may waive the maintenance of 

16 effort requirements under such section for fiscal 

17 year 2021 for a State, if the Secretary determines 

18 appropriate. Notwithstanding any other provision of 

19 law, this paragraph shall apply as if such paragraph 

20 was enacted on September 30, 2020. 

21 (4) IN-VEHICLE ALCOHOL DETECTION DEVICE

22 RESEARCH.—In carrying out subsection (h) of sec23 tion 403 of title 23, United States Code, the Sec24 retary may obligate from funds made available to 

25 carry out such section for fiscal year 2021 not more 


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1 than $5,312,000 to conduct the research described 

2 in paragraph (1) of such subsection. 

3 (5) COOPERATIVE RESEARCH AND EVALUA4 TION.—Notwithstanding the apportionment formula 

5 set forth in section 402(c)(2) of title 23, United 

6 States Code, and section 403(f)(1) of title 23, 

7 United States Code, $2,500,000 of the total amount 

8 available for apportionment to the States for high9 way safety programs under section 402(c)(2) of title 

10 23, United States Code, for each of fiscal years 

11 2016 through 2021, shall be available for expendi12 ture by the Secretary, acting through the Adminis13 trator of the National Highway Traffic Safety Ad14 ministration, for a cooperative research and evalua15 tion program to research and evaluate priority high16 way safety countermeasures. This paragraph shall 

17 apply as if such paragraph was enacted on October 

18 1, 2015. 

19 SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRA20 TION. 

21 (a) SPECIAL FUNDING FOR FISCAL YEAR 2021.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

23 addition to amounts authorized under section 101, 

24 there is authorized to be appropriated from the 


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1 Highway Account for fiscal year 2021, for activities 

2 under this subsection, $209,900,000. 

3 (2) DISTRIBUTION OF FUNDS.—Amounts au4 thorized to be appropriated for fiscal year 2021 

5 under paragraph (1) shall be distributed as follows: 

6 (A) Subject to section 31104(c) of title 49, 

7 United States Code— 

8 (i) $80,512,000 for carrying out sec9 tion 31102 (except subsection (l)) of title 

10 49, United States Code); 

11 (ii) $14,208,000 for carrying out sec12 tion 31102(l) of title 49, United States 

13 Code; and 

14 (iii) $23,680,000 for carrying out sec15 tion 31313 of title 49, United States Code. 

16 (B) $91,500,000 for carrying out section 

17 31110 of title 49, United States Code. 

18 (3) TREATMENT OF FUNDS.—Except as pro19 vided in subsection (b), amounts made available 

20 under this section shall be made available for obliga21 tion and administered as if made available under 

22 chapter 311 of title 49, United States Code. 

23 (b) SPECIAL RULES FOR FISCAL YEAR 2021.— 

24 (1) FINANCIAL ASSISTANCE AGREEMENTS FED25 ERAL SHARE.—Notwithstanding chapter 311 of title 


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1 49, United States Code, or any regulations adopted 

2 pursuant to such chapter, for the duration of fiscal 

3 year 2021 with respect to all financial assistance 

4 made available under subsection (a) and section 101, 

5 the Secretary of Transportation may— 

6 (A) reimburse recipients under section 

7 31104(b)(2) of title 49, United States Code, in 

8 an amount that is 100 percent of the costs de9 scribed in such section; and 

10 (B) waive the maintenance of effort re11 quirement under 31102(f) of title 49, United 

12 States Code, for all States without requiring 

13 States to request a waiver. 

14 (2) FINANCIAL ASSISTANCE AGREEMENTS PE15 RIOD OF AVAILABILITY.—Notwithstanding section 

16 31104(f) of title 49, United States Code, the Sec17 retary shall extend the periods of availability de18 scribed in such section by 1 year. 

19 (3) ADMINISTRATIVE EXPENSES.—The Admin20 istrator of the Federal Motor Carrier Safety Admin21 istration shall ensure that funds made available 

22 under subsection (a)(2)(B) are used, to the max23 imum extent practicable, to support— 

24 (A) the acceleration of planned investments 

25 to modernize the Administration’s information 


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1 technology and information management sys2 tems; 

3 (B) the completion of outstanding statu4 tory mandates required by MAP–21 (112–141) 

5 and the FAST Act (114–94); and 

6 (C) a Large Truck Crash Causal Factors 

7 Study of the Administration. 

8 SEC. 106. DEFINITIONS. 

9 In this division, the following definitions apply: 

10 (1) HIGHWAY ACCOUNT.—The term ‘‘Highway 

11 Account’’ means the portion of the Highway Trust 

12 Fund that is not the Mass Transit Account. 

13 (2) MASS TRANSIT ACCOUNT.—The term ‘‘Mass 

14 Transit Account’’ means the portion of the Highway 

15 Trust Fund established under section 9503(e)(1) of 

16 the Internal Revenue Code of 1986. 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Transportation. 

19 DIVISION B—SURFACE 

20 TRANSPORTATION 

21 SEC. 1001. APPLICABILITY OF DIVISION. 

22 (a) APPLICABILITY.—This division, including the 

23 amendments made by this division, applies beginning on 

24 October 1, 2021. 


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1 (b) REFERENCE TO DATE OF ENACTMENT.—In this 

2 division and the amendments made by this division, any 

3 reference to— 

4 (1) the date of enactment of this Act; 

5 (2) the date of enactment of a provision of this 

6 division; 

7 (3) the date of enactment of a provision added 

8 to law by an amendment made by this division; or 

9 (4) the date of enactment of the INVEST in 

10 America Act added to law by an amendment made 

11 by this division, 

12 shall be treated as a reference to October 1, 2021. 

13 TITLE I—FEDERAL-AID 

14 HIGHWAYS 

15 Subtitle A—Authorizations and 

16 Program Conditions 

17 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—The following amounts are au19 thorized to be appropriated out of the Highway Trust 

20 Fund (other than the Mass Transit Account): 

21 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

22 the national highway performance program under 

23 section 119 of title 23, United States Code, the pre24 disaster mitigation program under section 124 of 

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1 tion 130 of such title, the surface transportation 

2 program under section 133 of such title, the high3 way safety improvement program under section 148 

4 of such title, the congestion mitigation and air qual5 ity improvement program under section 149 of such 

6 title, the national highway freight program under 

7 section 167 of such title, the carbon pollution reduc8 tion program under section 171 of such title, and 

9 metropolitan planning under section 134 of such 

10 title— 

11 (A) $55,022,048,429 for fiscal year 2022; 

12 (B) $55,980,646,776 for fiscal year 2023; 

13 (C) $57,095,359,712 for fiscal year 2024; 

14 and 

15 (D) $58,118,666,186 for fiscal year 2025. 

16 (2) TRANSPORTATION INFRASTRUCTURE FI17 NANCE AND INNOVATION PROGRAM.—For credit as18 sistance under the transportation infrastructure fi19 nance and innovation program under chapter 6 of 

20 title 23, United States Code, $300,000,000 for each 

21 of fiscal years 2022 through 2025. 

22 (3) CONSTRUCTION OF FERRY BOATS AND

23 FERRY TERMINAL FACILITIES.—For construction of 

24 ferry boats and ferry terminal facilities under sec25 tion 147 of title 23, United States Code, 


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1 $120,000,000 for each of fiscal years 2022 through 

2 2025. 

3 (4) FEDERAL LANDS AND TRIBAL TRANSPOR4 TATION PROGRAMS.— 

5 (A) TRIBAL TRANSPORTATION PRO6 GRAM.—For the tribal transportation program 

7 under section 202 of title 23, United States 

8 Code, $800,000,000 for each of fiscal years 

9 2022 through 2025. 

10 (B) FEDERAL LANDS TRANSPORTATION

11 PROGRAM.— 

12 (i) IN GENERAL.—For the Federal 

13 lands transportation program under sec14 tion 203 of title 23, United States Code, 

15 $550,000,000 for each of fiscal years 2022 

16 through 2025. 

17 (ii) ALLOCATION.—Of the amount 

18 made available for a fiscal year under 

19 clause (i)— 

20 (I) the amount for the National 

21 Park Service is $400,000,000 for each 

22 of fiscal years 2022 through 2025. 

23 (II) the amount for the United 

24 States Fish and Wildlife Service is 


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1 $50,000,000 for each of fiscal years 

2 2022 through 2025; and 

3 (III) the amount for the United 

4 States Forest Service is $50,000,000 

5 for each of fiscal years 2022 through 

6 2025. 

7 (C) FEDERAL LANDS ACCESS PROGRAM.— 

8 For the Federal lands access program under 

9 section 204 of title 23, United States Code, 

10 $345,000,000 for each of fiscal years 2022 

11 through 2025. 

12 (D) FEDERAL LANDS AND TRIBAL MAJOR

13 PROJECTS GRANTS.—To carry out section 208 

14 of title 23, United States Code, $400,000,000 

15 for each of fiscal years 2022 through 2025. 

16 (5) TERRITORIAL AND PUERTO RICO HIGHWAY

17 PROGRAM.—For the territorial and Puerto Rico 

18 highway program under section 165 of title 23, 

19 United States Code, $310,000,000 for each of fiscal 

20 years 2022 through 2025. 

21 (6) PROJECTS OF NATIONAL AND REGIONAL

22 SIGNIFICANCE.—For projects of national and re23 gional significance under section 117 of title 23, 

24 United States Code— 

25 (A) $2,200,000,000 for fiscal year 2022; 


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1 (B) $2,200,000,000 for fiscal year 2023; 

2 (C) $2,300,000,000 for fiscal year 2024; 

3 and 

4 (D) $2,350,000,000 for fiscal year 2025. 

5 (7) COMMUNITY TRANSPORTATION INVESTMENT

6 GRANTS.—To carry out section 173 of title 23, 

7 United States Code, $600,000,000 for each of fiscal 

8 years 2022 through 2025. 

9 (8) ELECTRIC VEHICLE CHARGING AND HYDRO10 GEN FUELING INFRASTRUCTURE GRANTS.—To carry 

11 out section 151(f) of title 23, United States Code, 

12 $350,000,000 for each of fiscal years 2022 through 

13 2025. 

14 (9) COMMUNITY CLIMATE INNOVATION

15 GRANTS.—To carry out section 172 of title 23, 

16 United States Code, $250,000,000 for each of fiscal 

17 years 2022 through 2025. 

18 (b) ADDITIONAL PROGRAMS.— 

19 (1) IN GENERAL.—The following amounts are 

20 authorized to be appropriated out of the Highway 

21 Trust Fund (other than the Mass Transit Account): 

22 (A) GRIDLOCK REDUCTION GRANT PRO23 GRAM.—To carry out section 1306 of this Act, 

24 $250,000,000 for fiscal year 2022. 


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1 (B) REBUILD RURAL GRANT PROGRAM.— 

2 To carry out section 1307 of this Act, 

3 $250,000,000 for fiscal year 2022. 

4 (C) PARKING FOR COMMERCIAL MOTOR

5 VEHICLES.—To carry out section 1308 of this 

6 Act, $250,000,000 for fiscal year 2023. 

7 (D) ACTIVE TRANSPORTATION

8 CONNECTIVITY GRANT PROGRAM.—To carry out 

9 section 1309 of this Act, $250,000,000 for fis10 cal year 2024. 

11 (E) METRO PERFORMANCE PROGRAM.—To 

12 carry out section 1305 of this Act, 

13 $250,000,000 for each of fiscal years 2023 

14 through 2025. 

15 (2) TREATMENT OF FUNDS.—Amounts made 

16 available under subparagraphs (B) through (D) shall 

17 be administered as if apportioned under chapter 1 of 

18 title 23, United States Code. 

19 (c) DISADVANTAGED BUSINESS ENTERPRISES.— 

20 (1) FINDINGS.—Congress finds that— 

21 (A) while significant progress has occurred 

22 due to the establishment of the disadvantaged 

23 business enterprise program, discrimination and 

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1 nesses seeking to do business in federally as2 sisted surface transportation markets across the 

3 United States; 

4 (B) the continuing barriers described in 

5 subparagraph (A) merit the continuation of the 

6 disadvantaged business enterprise program; 

7 (C) Congress has received and reviewed 

8 testimony and documentation of race and gen9 der discrimination from numerous sources, in10 cluding congressional hearings and roundtables, 

11 scientific reports, reports issued by public and 

12 private agencies, news stories, reports of dis13 crimination by organizations and individuals, 

14 and discrimination lawsuits, which show that 

15 race- and gender-neutral efforts alone are insuf16 ficient to address the problem; 

17 (D) the testimony and documentation de18 scribed in subparagraph (C) demonstrate that 

19 discrimination across the United States poses a 

20 barrier to full and fair participation in surface 

21 transportation-related businesses of women 

22 business owners and minority business owners 

23 and has impacted firm development and many 

24 aspects of surface transportation-related busi25 ness in the public and private markets; and 


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1 (E) the testimony and documentation de2 scribed in subparagraph (C) provide a strong 

3 basis that there is a compelling need for the 

4 continuation of the disadvantaged business en5 terprise program to address race and gender 

6 discrimination in surface transportation-related 

7 business. 

8 (2) DEFINITIONS.—In this subsection, the fol9 lowing definitions apply: 

10 (A) SMALL BUSINESS CONCERN.— 

11 (i) IN GENERAL.—The term ‘‘small 

12 business concern’’ means a small business 

13 concern (as the term is used in section 3 

14 of the Small Business Act (15 U.S.C. 

15 632)). 

16 (ii) EXCLUSIONS.—The term ‘‘small 

17 business concern’’ does not include any 

18 concern or group of concerns controlled by 

19 the same socially and economically dis20 advantaged individual or individuals that 

21 have average annual gross receipts during 

22 the preceding 3 fiscal years in excess of 

23 $26,290,000, as adjusted annually by the 

24 Secretary of Transportation for inflation. 


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1 (B) SOCIALLY AND ECONOMICALLY DIS2 ADVANTAGED INDIVIDUALS.—The term ‘‘so3 cially and economically disadvantaged individ4 uals’’ has the meaning given the term in section 

5 8(d) of the Small Business Act (15 U.S.C. 

6 637(d)) and relevant subcontracting regulations 

7 issued pursuant to that Act, except that women 

8 shall be presumed to be socially and economi9 cally disadvantaged individuals for purposes of 

10 this subsection. 

11 (3) AMOUNTS FOR SMALL BUSINESS CON12 CERNS.—Except to the extent that the Secretary of 

13 Transportation determines otherwise, not less than 

14 10 percent of the amounts made available for any 

15 program under titles I, II, V, and VII of this divi16 sion and section 403 of title 23, United States Code, 

17 shall be expended through small business concerns 

18 owned and controlled by socially and economically 

19 disadvantaged individuals. 

20 (4) ANNUAL LISTING OF DISADVANTAGED BUSI21 NESS ENTERPRISES.—Each State shall annually— 

22 (A) survey and compile a list of the small 

23 business concerns referred to in paragraph (3) 

24 in the State, including the location of the small 

25 business concerns in the State; and 


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1 (B) notify the Secretary, in writing, of the 

2 percentage of the small business concerns that 

3 are controlled by— 

4 (i) women; 

5 (ii) socially and economically dis6 advantaged individuals (other than 

7 women); and 

8 (iii) individuals who are women and 

9 are otherwise socially and economically dis10 advantaged individuals. 

11 (5) UNIFORM CERTIFICATION.— 

12 (A) IN GENERAL.—The Secretary of 

13 Transportation shall establish minimum uni14 form criteria for use by State governments in 

15 certifying whether a concern qualifies as a small 

16 business concern for the purpose of this sub17 section. 

18 (B) INCLUSIONS.—The minimum uniform 

19 criteria established under subparagraph (A) 

20 shall include, with respect to a potential small 

21 business concern— 

22 (i) on-site visits; 

23 (ii) personal interviews with personnel; 

24 (iii) issuance or inspection of licenses; 

25 (iv) analyses of stock ownership; 


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1 (v) listings of equipment; 

2 (vi) analyses of bonding capacity; 

3 (vii) listings of work completed; 

4 (viii) examination of the resumes of 

5 principal owners; 

6 (ix) analyses of financial capacity; and 

7 (x) analyses of the type of work pre8 ferred. 

9 (6) REPORTING.—The Secretary of Transpor10 tation shall establish minimum requirements for use 

11 by State governments in reporting to the Sec12 retary— 

13 (A) information concerning disadvantaged 

14 business enterprise awards, commitments, and 

15 achievements; and 

16 (B) such other information as the Sec17 retary determines to be appropriate for the 

18 proper monitoring of the disadvantaged busi19 ness enterprise program. 

20 (7) COMPLIANCE WITH COURT ORDERS.—Noth21 ing in this subsection limits the eligibility of an indi22 vidual or entity to receive funds made available 

23 under titles I, II, V, and VII of this division and sec24 tion 403 of title 23, United States Code, if the enti25 ty or person is prevented, in whole or in part, from 


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1 complying with paragraph (3) because a Federal 

2 court issues a final order in which the court finds 

3 that a requirement or the implementation of para4 graph (3) is unconstitutional. 

5 (8) SENSE OF CONGRESS ON PROMPT PAYMENT

6 OF DBE SUBCONTRACTORS.—It is the sense of Con7 gress that— 

8 (A) the Secretary of Transportation should 

9 take additional steps to ensure that recipients 

10 comply with section 26.29 of title 49, Code of 

11 Federal Regulations (the disadvantaged busi12 ness enterprises prompt payment rule), or any 

13 corresponding regulation, in awarding federally 

14 funded transportation contracts under laws and 

15 regulations administered by the Secretary; and 

16 (B) such additional steps should include 

17 increasing the Department of Transportation’s 

18 ability to track and keep records of complaints 

19 and to make that information publicly available. 

20 SEC. 1102. OBLIGATION LIMITATION. 

21 (a) GENERAL LIMITATION.—Subject to subsection 

22 (e), and notwithstanding any other provision of law, the 

23 obligations for Federal-aid highway and highway safety 

24 construction programs shall not exceed— 

25 (1) $62,059,350,954 for fiscal year 2022; 


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1 (2) $63,021,354,776 for fiscal year 2023; 

2 (3) $64,246,443,712 for fiscal year 2024; and 

3 (4) $65,080,125,186 for fiscal year 2025. 

4 (b) EXCEPTIONS.—The limitations under subsection 

5 (a) shall not apply to obligations under or for— 

6 (1) section 125 of title 23, United States Code; 

7 (2) section 147 of the Surface Transportation 

8 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

9 Stat. 2714); 

10 (3) section 9 of the Federal-Aid Highway Act 

11 of 1981 (95 Stat. 1701); 

12 (4) subsections (b) and (j) of section 131 of the 

13 Surface Transportation Assistance Act of 1982 (96 

14 Stat. 2119); 

15 (5) subsections (b) and (c) of section 149 of the 

16 Surface Transportation and Uniform Relocation As17 sistance Act of 1987 (101 Stat. 198); 

18 (6) sections 1103 through 1108 of the Inter19 modal Surface Transportation Efficiency Act of 

20 1991 (Public Law 102–240); 

21 (7) section 157 of title 23, United States Code 

22 (as in effect on June 8, 1998); 

23 (8) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 1998 through 2004, but 


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1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); 

3 (9) Federal-aid highway programs for which ob4 ligation authority was made available under the 

5 Transportation Equity Act for the 21st Century 

6 (112 Stat. 107) or subsequent Acts for multiple 

7 years or to remain available until expended, but only 

8 to the extent that the obligation authority has not 

9 lapsed or been used; 

10 (10) section 105 of title 23, United States Code 

11 (as in effect for fiscal years 2005 through 2012, but 

12 only in an amount equal to $639,000,000 for each 

13 of those fiscal years); 

14 (11) section 1603 of SAFETEA–LU (23 

15 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

16 funds obligated in accordance with that section were 

17 not subject to a limitation on obligations at the time 

18 at which the funds were initially made available for 

19 obligation; 

20 (12) section 119 of title 23, United States Code 

21 (as in effect for fiscal years 2013 through 2015, but 

22 only in an amount equal to $639,000,000 for each 

23 of those fiscal years); 

24 (13) section 119 of title 23, United States Code 

25 (but, for fiscal years 2016 through 2021, only in an 


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1 amount equal to $639,000,000 for each of those fis2 cal years); 

3 (14) section 203 of title 23, United States Code 

4 (but, for fiscal years 2022 through 2025, only in an 

5 amount equal to $550,000,000 for each of those fis6 cal years); and 

7 (15) section 133(d)(1)(B) of title 23, United 

8 States Code (but, for fiscal years 2022 through 

9 2025, only in an amount equal to $89,000,000 for 

10 each of those fiscal years). 

11 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

12 Subject to paragraph (1)(B), for each of fiscal years 2022 

13 through 2025, the Secretary of Transportation— 

14 (1)(A) shall not distribute obligation authority 

15 provided by subsection (a) for the fiscal year for— 

16 (i) amounts authorized for administrative 

17 expenses and programs by section 104(a) of 

18 title 23, United States Code; 

19 (ii) amounts authorized for the Bureau of 

20 Transportation Statistics; 

21 (iii) amounts authorized for the tribal 

22 transportation program by section under section 

23 202 of title 23, United States Code; and 


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1 (iv) amounts authorized for the territorial 

2 and Puerto Rico highway program under sec3 tion 165(a) of title 23, United States Code; and 

4 (B) for each of fiscal years 2023 through 2025, 

5 in addition to the amounts described in subpara6 graph (A), shall not distribute obligation authority 

7 provided by subsection (a) for the fiscal year for 

8 amounts authorized for the metro performance pro9 gram under section 1305 of this Act; 

10 (2) shall not distribute an amount of obligation 

11 authority provided by subsection (a) that is equal to 

12 the unobligated balance of amounts— 

13 (A) made available from the Highway 

14 Trust Fund (other than the Mass Transit Ac15 count) for Federal-aid highway and highway 

16 safety construction programs for previous fiscal 

17 years the funds for which are allocated by the 

18 Secretary (or apportioned by the Secretary 

19 under section 202 or 204 of title 23, United 

20 States Code); and 

21 (B) for which obligation authority was pro22 vided in a previous fiscal year; 

23 (3) shall determine the proportion that— 

24 (A) the obligation authority provided by 

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1 gate of amounts not distributed under para2 graphs (1) and (2) of this subsection; bears to 

3 (B) the total of— 

4 (i) the sums authorized to be appro5 priated for the Federal-aid highway and 

6 highway safety construction programs, 

7 other than sums authorized to be appro8 priated for— 

9 (I) provisions of law described in 

10 paragraphs (1) through (13) of sub11 section (b); 

12 (II) section 203 of title 23, 

13 United States Code, equal to the 

14 amount referred to in subsection 

15 (b)(14) for the fiscal year; and 

16 (III) section 133(d)(1)(B) of title 

17 23, United States Code, equal to the 

18 amount referred to in subsection 

19 (b)(15) for the fiscal year; less 

20 (ii) the aggregate of the amounts not 

21 distributed under paragraphs (1) and (2) 

22 of this subsection; 

23 (4) shall distribute the obligation authority pro24 vided by subsection (a), less the aggregate amounts 

25 not distributed under paragraphs (1) and (2), for 


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1 each of the programs (other than programs to which 

2 paragraph (1) applies) that are allocated by the Sec3 retary under this Act and title 23, United States 

4 Code, or apportioned by the Secretary under sections 

5 202 or 204 of such title, by multiplying— 

6 (A) the proportion determined under para7 graph (3); by 

8 (B) the amounts authorized to be appro9 priated for each such program for the fiscal 

10 year; and 

11 (5) shall distribute the obligation authority pro12 vided by subsection (a), less the aggregate amounts 

13 not distributed under paragraphs (1) and (2) and 

14 the amounts distributed under paragraph (4), for 

15 Federal-aid highway and highway safety construc16 tion programs that are apportioned by the Secretary 

17 under title 23, United States Code (other than the 

18 amounts apportioned for the surface transportation 

19 program in section 133(d)(1)(B) of title 23, United 

20 States Code, that are exempt from the limitation 

21 under subsection (b)(15) and the amounts appor22 tioned under sections 202 and 204 of such title) in 

23 the proportion that— 

24 (A) amounts authorized to be appropriated 

25 for the programs that are apportioned under 


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1 title 23, United States Code, to each State for 

2 the fiscal year; bears to 

3 (B) the total of the amounts authorized to 

4 be appropriated for the programs that are ap5 portioned under title 23, United States Code, to 

6 all States for the fiscal year. 

7 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU8 THORITY.—Notwithstanding subsection (c), the Secretary 

9 of Transportation shall, after August 1 of each of fiscal 

10 years 2022 through 2025— 

11 (1) revise a distribution of the obligation au12 thority made available under subsection (c) if an 

13 amount distributed cannot be obligated during that 

14 fiscal year; and 

15 (2) redistribute sufficient amounts to those 

16 States able to obligate amounts in addition to those 

17 previously distributed during that fiscal year, giving 

18 priority to those States having large unobligated bal19 ances of funds apportioned under section 104 of title 

20 23, United States Code. 

21 (e) SPECIAL LIMITATION.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), obligation limitations imposed by sub24 section (a) shall apply to contract authority for— 


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1 (A) transportation research programs car2 ried out under chapter 5 of title 23, United 

3 States Code, and title V of this Act; and 

4 (B) the metro performance program under 

5 section 1305 of this Act. 

6 (2) EXCEPTION.—Obligation authority made 

7 available under paragraph (1) shall— 

8 (A) remain available for a period of 4 fis9 cal years; and 

10 (B) be in addition to the amount of any 

11 limitation imposed on obligations for Federal12 aid highway and highway safety construction 

13 programs for future fiscal years. 

14 (f) LOP-OFF.— 

15 (1) IN GENERAL.—Not later than 30 days after 

16 the date of distribution of obligation authority under 

17 subsection (c) for each of fiscal years 2022 through 

18 2025, the Secretary of Transportation shall dis19 tribute to the States any funds that— 

20 (A) are authorized to be appropriated for 

21 the fiscal year for Federal-aid highway pro22 grams; and 

23 (B) the Secretary determines will not be 

24 allocated to the States (or will not be appor25 tioned to the States under section 204 of title 


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1 23, United States Code), and will not be avail2 able for obligation, for the fiscal year because 

3 of the imposition of any obligation limitation for 

4 the fiscal year. 

5 (2) RATIO.—Funds shall be distributed under 

6 paragraph (1) in the same proportion as the dis7 tribution of obligation authority under subsection 

8 (c)(5). 

9 (3) AVAILABILITY.—Funds distributed to each 

10 State under paragraph (1) shall be available for any 

11 purpose described in section 133(b) of title 23, 

12 United States Code. 

13 SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY. 

14 Section 101 of title 23, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) by redesignating paragraphs (1), (2), 

18 (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 

19 (13), (14), (15), (16), (17), (18), (19), (20), 

20 (21), (22), (23), (24), (25), (26), (27), (28), 

21 (29), (30), (31), (32), (33), and (34) as para22 graphs (2), (3), (4), (6), (8), (10), (11), (12), 

23 (13), (14), (16), (17), (18), (19), (20), (21), 

24 (23), (24), (25), (26), (28), (29), (32), (33), 


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1 (34), (35), (36), (37), (38), (40), (41), (42), 

2 (43), and (44), respectively; 

3 (B) by inserting before paragraph (2), as 

4 so redesignated, the following: 

5 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 

6 means an adjustment in natural or human systems 

7 in anticipation of, or in response to, a changing envi8 ronment in a way that moderates negative effects of 

9 extreme events or climate change.’’; 

10 (C) by inserting after paragraph (4), as so 

11 redesignated, the following: 

12 ‘‘(5) CLIMATE CHANGE.—The term ‘climate 

13 change’ means any significant change in the meas14 ures of climate lasting for an extended period of 

15 time, and may include major changes in tempera16 ture, precipitation, wind patterns, or sea level, 

17 among others, that occur over several decades or 

18 longer.’’; 

19 (D) paragraph (6)(A), as so redesignated, 

20 by inserting ‘‘assessing resilience,’’ after ‘‘sur21 veying,’’; 

22 (E) by inserting after paragraph (6), as so 

23 redesignated, the following: 

24 ‘‘(7) CONTEXT SENSITIVE DESIGN PRIN25 CIPLE.—The term ‘context sensitive design principle’ 


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1 means a principle for the design of a public road 

2 that— 

3 ‘‘(A) provides for the safe and adequate 

4 accommodation, in all phases of project plan5 ning, design, and development, of users of the 

6 transportation facility, including pedestrians, 

7 bicyclists, public transportation users, children, 

8 older individuals, individuals with disabilities, 

9 motorists, and freight vehicles; and 

10 ‘‘(B) considers the context in which the fa11 cility is planned to be constructed to determine 

12 the appropriate facility design.’’; 

13 (F) by inserting after paragraph (8), as so 

14 redesignated, the following: 

15 ‘‘(9) EVACUATION ROUTE.—The term ‘evacu16 ation route’ means a transportation route or system 

17 that— 

18 ‘‘(A) is used to transport— 

19 ‘‘(i) the public away from an emer20 gency event; or 

21 ‘‘(ii) first responders and recovery re22 sources in the event of an emergency; and 

23 ‘‘(B) is identified, consistent with sections 

24 134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 

25 eligible entity with jurisdiction over the area in 


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1 which the route is located for the purposes de2 scribed in subparagraph (A).’’; 

3 (G) by inserting after paragraph (14), as 

4 so redesignated, the following: 

5 ‘‘(15) GREENHOUSE GAS.—The term ‘green6 house gas’ has the meaning given the term in section 

7 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 21 

8 7545(o)(1)(G)).’’; 

9 (H) by inserting after paragraph (21), as 

10 so redesignated, the following: 

11 ‘‘(22) NATURAL INFRASTRUCTURE.— 

12 ‘‘(A) IN GENERAL.—The term ‘natural in13 frastructure’ means infrastructure that uses, re14 stores, or emulates natural ecological processes 

15 that— 

16 ‘‘(i) is created through the action of 

17 natural physical, geological, biological, and 

18 chemical processes over time; 

19 ‘‘(ii) is created by human design, en20 gineering, and construction to emulate or 

21 act in concert with natural processes; or 

22 ‘‘(iii) involves the use of plants, soils, 

23 and other natural features, including 

24 through the creation, restoration, or pres25 ervation of vegetated areas using materials 


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1 appropriate to the region to manage 

2 stormwater and runoff, to attenuate flood3 ing and storm surges, and for other related 

4 purposes. 

5 ‘‘(B) INCLUSION.—The term ‘natural in6 frastructure’ includes green infrastructure and 

7 nature-based solutions.’’; 

8 (I) by inserting after paragraph (26), as so 

9 redesignated, the following: 

10 ‘‘(27) PROTECTIVE FEATURE.— 

11 ‘‘(A) IN GENERAL.—The term ‘protective 

12 feature’ means an improvement to a highway or 

13 bridge designed to increase resilience or miti14 gate the risk of recurring damage or the cost of 

15 future repairs from climate change effects, ex16 treme events, seismic activity, or any other nat17 ural disaster. 

18 ‘‘(B) INCLUSIONS.—The term ‘protective 

19 feature’ includes— 

20 ‘‘(i) raising roadway grades; 

21 ‘‘(ii) relocating roadways to higher 

22 ground above projected flood elevation lev23 els or away from slide prone areas; 

24 ‘‘(iii) stabilizing slide areas; 

25 ‘‘(iv) stabilizing slopes; 


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1 ‘‘(v) lengthening or raising bridges to 

2 increase waterway openings; 

3 ‘‘(vi) increasing the size or number of 

4 drainage structures; 

5 ‘‘(vii) replacing culverts with bridges 

6 or upsizing culverts; 

7 ‘‘(viii) installing seismic retrofits on 

8 bridges; 

9 ‘‘(iv) adding scour protection at 

10 bridges; 

11 ‘‘(x) scour, stream stability, coastal, 

12 and other hydraulic countermeasures; and 

13 ‘‘(xi) the use of natural infrastruc14 ture.’’; 

15 (J) by inserting after paragraph (29), as 

16 so redesignated, the following: 

17 ‘‘(30) REPEATEDLY DAMAGED FACILITY.—The 

18 term ‘repeatedly damaged facility’ means a road, 

19 highway, or bridge that has required repair and re20 construction activities on 2 or more occasions due to 

21 natural disasters or catastrophic failures resulting in 

22 emergencies declared by the Governor of the State 

23 in which the road, highway, or bridge is located or 

24 emergencies or major disasters declared by the 

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1 lief and Emergency Assistance Act (42 U.S.C. 5121 

2 et seq.). 

3 ‘‘(31) RESILIENCE.— 

4 ‘‘(A) IN GENERAL.—The term ‘resilience’ 

5 means, with respect to a facility, the ability 

6 to— 

7 ‘‘(i) anticipate, prepare for, or adapt 

8 to conditions; or 

9 ‘‘(ii) withstand, respond to, or recover 

10 rapidly from disruptions. 

11 ‘‘(B) INCLUSIONS.—Such term includes, 

12 with respect to a facility, the ability to— 

13 ‘‘(i) resist hazards or withstand im14 pacts from disruptions; 

15 ‘‘(ii) reduce the magnitude, duration, 

16 or impact of a disruption; or 

17 ‘‘(iii) have the absorptive capacity, 

18 adaptive capacity, and recoverability to de19 crease vulnerability to a disruption.’’; and 

20 (K) by inserting after paragraph (38), as 

21 so redesignated, the following: 

22 ‘‘(39) TRANSPORTATION SYSTEM ACCESS.—The 

23 term ‘transportation system access’ means the abil24 ity to travel by automobile, public transportation, 


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1 pedestrian, and bicycle networks, measured by travel 

2 time, taking into consideration— 

3 ‘‘(A) the impacts of the level of travel 

4 stress for active travel; and 

5 ‘‘(B) costs for low-income travelers.’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1) by striking ‘‘De8 fense,’’ and inserting ‘‘Defense Highways,’’; 

9 (B) in paragraph (3)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘Century’’ and inserting ‘‘century’’; 

12 (ii) in subparagraph (G) by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (iii) in subparagraph (H) by striking 

15 ‘‘Century.’’ and inserting ‘‘century;’’; and 

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(I) safety is the highest priority of the 

19 Department of Transportation, and the Sec20 retary and States should take all actions nec21 essary to meet the transportation needs of the 

22 21st century for all road users; 

23 ‘‘(J) climate change presents a significant 

24 risk to safety, the economy, and national secu25 rity, and reducing the contributions of the 


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1 transportation system to the Nation’s total car2 bon pollution is critical; and 

3 ‘‘(K) the Secretary and States should take 

4 appropriate measures and ensure investments 

5 to increase the resilience of the Nation’s trans6 portation system.’’; and 

7 (C) in paragraph (4)(A) by inserting 

8 ‘‘while ensuring that environmental protections 

9 are maintained’’ after ‘‘review process’’. 

10 SEC. 1104. APPORTIONMENT. 

11 (a) IN GENERAL.—Section 104 of title 23, United 

12 States Code, is amended— 

13 (1) in subsection (a)(1) by striking subpara14 graphs (A) through (E) and inserting the following; 

15 ‘‘(A) $ 506,302,525 for fiscal year 2022; 

16 ‘‘(B) $ 509,708,000 for fiscal year 2023; 

17 ‘‘(C) $ 520,084,000 for fiscal year 2024; 

18 and 

19 ‘‘(D) $ 530,459,000 for fiscal year 2025.’’; 

20 (2) by striking subsections (b) and (c) and in21 serting the following: 

22 ‘‘(b) DIVISION AMONG PROGRAMS OF STATE’S

23 SHARE OF APPORTIONMENT.—The Secretary shall dis24 tribute the amount apportioned to a State for a fiscal year 


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1 under subsection (c) among the covered programs as fol2 lows: 

3 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO4 GRAM.—For the national highway performance pro5 gram, 55.09 percent of the amount remaining after 

6 distributing amounts under paragraphs (4), (6), and 

7 (7). 

8 ‘‘(2) SURFACE TRANSPORTATION PROGRAM.— 

9 For the surface transportation program, 28.43 per10 cent of the amount remaining after distributing 

11 amounts under paragraphs (4), (6), and (7). 

12 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO13 GRAM.—For the highway safety improvement pro14 gram, 6.19 percent of the amount remaining after 

15 distributing amounts under paragraphs (4), (6), and 

16 (7). 

17 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL18 ITY IMPROVEMENT PROGRAM.— 

19 ‘‘(A) IN GENERAL.—For the congestion 

20 mitigation and air quality improvement pro21 gram, an amount determined for the State 

22 under subparagraphs (B) and (C). 

23 ‘‘(B) TOTAL AMOUNT.—The total amount 

24 for the congestion mitigation and air quality 

25 improvement program for all States shall be— 


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1 ‘‘(i) $2,913,925,833 for fiscal year 

2 2022; 

3 ‘‘(ii) $2,964,919,535 for fiscal year 

4 2023; 

5 ‘‘(iii) $3,024,217,926 for fiscal year 

6 2024; and 

7 ‘‘(iv) $3,078,653,849 for fiscal year 

8 2025. 

9 ‘‘(C) STATE SHARE.—For each fiscal year, 

10 the Secretary shall distribute among the States 

11 the amount for the congestion mitigation and 

12 air quality improvement program under sub13 paragraph (B) so that each State receives an 

14 amount equal to the proportion that— 

15 ‘‘(i) the amount apportioned to the 

16 State for the congestion mitigation and air 

17 quality improvement program for fiscal 

18 year 2020; bears to 

19 ‘‘(ii) the total amount of funds appor20 tioned to all States for such program for 

21 fiscal year 2020. 

22 ‘‘(5) NATIONAL HIGHWAY FREIGHT PRO23 GRAM.—For the national highway freight program, 

24 3.38 percent of the amount remaining after distrib25 uting amounts under paragraphs (4), (6), and (7). 


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1 ‘‘(6) METROPOLITAN PLANNING.— 

2 ‘‘(A) IN GENERAL.—For metropolitan 

3 planning, an amount determined for the State 

4 under subparagraphs (B) and (C). 

5 ‘‘(B) TOTAL AMOUNT.—The total amount 

6 for metropolitan planning for all States shall 

7 be— 

8 ‘‘(i) $507,500,000 for fiscal year 

9 2022; 

10 ‘‘(ii) $516,381,250 for fiscal year 

11 2023; 

12 ‘‘(iii) $526,708,875 for fiscal year 

13 2024; and 

14 ‘‘(iv) $536,189,635 for fiscal year 

15 2025. 

16 ‘‘(C) STATE SHARE.—For each fiscal year, 

17 the Secretary shall distribute among the States 

18 the amount for metropolitan planning under 

19 subparagraph (B) so that each State receives 

20 an amount equal to the proportion that— 

21 ‘‘(i) the amount apportioned to the 

22 State for metropolitan planning for fiscal 

23 year 2020; bears to 


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1 ‘‘(ii) the total amount of funds appor2 tioned to all States for metropolitan plan3 ning for fiscal year 2020. 

4 ‘‘(7) RAILWAY CROSSINGS.— 

5 ‘‘(A) IN GENERAL.—For the railway cross6 ings program, an amount determined for the 

7 State under subparagraphs (B) and (C). 

8 ‘‘(B) TOTAL AMOUNT.—The total amount 

9 for the railway crossings program for all States 

10 shall be $245,000,000 for each of fiscal years 

11 2022 through 2025. 

12 ‘‘(C) STATE SHARE.— 

13 ‘‘(i) IN GENERAL.—For each fiscal 

14 year, the Secretary shall distribute among 

15 the States the amount for the railway 

16 crossings program under subparagraph (B) 

17 as follows: 

18 ‘‘(I) 50 percent of the amount for 

19 a fiscal year shall be apportioned to 

20 States by the formula set forth in sec21 tion 104(b)(3)(A) (as in effect on the 

22 day before the date of enactment of 

23 MAP–21). 

24 ‘‘(II) 50 percent of the amount 

25 for a fiscal year shall be apportioned 


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1 to States in the ratio that total public 

2 railway-highway crossings in each 

3 State bears to the total of such cross4 ings in all States. 

5 ‘‘(ii) MINIMUM APPORTIONMENT.— 

6 Notwithstanding clause (i), for each fiscal 

7 year, each State shall receive a minimum 

8 of one-half of 1 percent of the total 

9 amount for the railway crossings program 

10 for such fiscal year under subparagraph 

11 (B). 

12 ‘‘(8) PRE-DISASTER MITIGATION PROGRAM.— 

13 For the pre-disaster mitigation program, 2.96 per14 cent of the amount remaining after distributing 

15 amounts under paragraphs (4), (6), and (7). 

16 ‘‘(9) CARBON POLLUTION REDUCTION PRO17 GRAM.—For the carbon pollution reduction program, 

18 3.95 percent of the amount remaining after distrib19 uting amounts under paragraphs (4), (6), and (7). 

20 ‘‘(c) CALCULATION OF AMOUNTS.— 

21 ‘‘(1) STATE SHARE.—For each of fiscal years 

22 2022 through 2025, the amount for each State shall 

23 be determined as follows: 


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1 ‘‘(A) INITIAL AMOUNTS.—The initial 

2 amounts for each State shall be determined by 

3 multiplying— 

4 ‘‘(i) the combined amount authorized 

5 for appropriation for the fiscal year for the 

6 covered programs; by 

7 ‘‘(ii) the share for each State, which 

8 shall be equal to the proportion that— 

9 ‘‘(I) the amount of apportion10 ments that the State received for fis11 cal year 2020; bears to 

12 ‘‘(II) the amount of those appor13 tionments received by all States for 

14 fiscal year 2020. 

15 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

16 initial amounts resulting from the calculation 

17 under subparagraph (A) shall be adjusted to 

18 ensure that each State receives an aggregate 

19 apportionment equal to at least 95 percent of 

20 the estimated tax payments attributable to 

21 highway users in the State paid into the High22 way Trust Fund (other than the Mass Transit 

23 Account) in the most recent fiscal year for 

24 which data are available. 


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1 ‘‘(2) STATE APPORTIONMENT.—On October 1 

2 of fiscal years 2022 through 2025, the Secretary 

3 shall apportion the sums authorized to be appro4 priated for expenditure on the covered programs in 

5 accordance with paragraph (1).’’; 

6 (3) in subsection (d)(1)(A)— 

7 (A) in clause (i) by striking ‘‘paragraphs 

8 (5)(D) and (6) of subsection (b)’’ and inserting 

9 ‘‘subsection (b)(6)’’; and 

10 (B) in clause (ii) by striking ‘‘paragraphs 

11 (5)(D) and (6) of subsection (b)’’ and inserting 

12 ‘‘subsection (b)(6)’’; and 

13 (4) by striking subsections (h) and (i) and in14 serting the following: 

15 ‘‘(h) DEFINITION OF COVERED PROGRAMS.—In this 

16 section, the term ‘covered programs’ means— 

17 ‘‘(1) the national highway performance program 

18 under section 119; 

19 ‘‘(2) the surface transportation program under 

20 section 133; 

21 ‘‘(3) the highway safety improvement program 

22 under section 148; 

23 ‘‘(4) the congestion mitigation and air quality 

24 improvement program under section 149; 


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1 ‘‘(5) the national highway freight program 

2 under section 167; 

3 ‘‘(6) metropolitan planning under section 134; 

4 ‘‘(7) the railway crossings program under sec5 tion 130(e); 

6 ‘‘(8) the predisaster mitigation program under 

7 section 124; and 

8 ‘‘(9) the carbon pollution reduction program 

9 under section 171.’’. 

10 (b) FEDERAL SHARE PAYABLE.—Section 120(c)(3) 

11 of title 23, United States Code, is amended— 

12 (1) in subparagraph (A) by striking ‘‘(5)(D),’’; 

13 and 

14 (2) in subparagraph (C)(i) by striking 

15 ‘‘(5)(D)’’. 

16 (c) METROPOLITAN TRANSPORTATION PLANNING; 

17 TITLE 23.—Section 134(p) of title 23, United States 

18 Code, is amended by striking ‘‘paragraphs (5)(D) and (6) 

19 of section 104(b)’’ and inserting ‘‘section 104(b)(6)’’. 

20 (d) STATEWIDE AND NONMETROPOLITAN TRANSPOR21 TATION PLANNING.—Section 135(i) of title 23, United 

22 States Code, is amended by striking ‘‘paragraphs (5)(D) 

23 and (6) of section 104(b)’’ and inserting ‘‘section 

24 104(b)(6)’’. 


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1 (e) METROPOLITAN TRANSPORTATION PLANNING; 

2 TITLE 49.—Section 5303(p) of title 49, United States 

3 Code, is amended by striking ‘‘section 104(b)(5)’’ and in4 serting ‘‘section 104(b)(6)’’. 

5 SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST 

6 FUND. 

7 Section 105 of title 23, United States Code, is 

8 amended— 

9 (1) in subsection (c)— 

10 (A) in paragraph (1)(A) by striking ‘‘to be 

11 appropriated’’ each place it appears; and 

12 (B) by adding at the end the following: 

13 ‘‘(4) SPECIAL RULE.— 

14 ‘‘(A) ADJUSTMENT.—In making an adjust15 ment under paragraph (1) for an allocation, 

16 reservation, or set-aside from an amount au17 thorized from the Highway Account or Mass 

18 Transit Account described in subparagraph (B), 

19 the Secretary shall— 

20 ‘‘(i) determine the ratio that— 

21 ‘‘(I) the amount authorized to be 

22 appropriated for the allocation, res23 ervation, or set-aside from the account 

24 for the fiscal year; bears to 


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1 ‘‘(II) the total amount authorized 

2 to be appropriated for such fiscal year 

3 for all programs under such account; 

4 ‘‘(ii) multiply the ratio determined 

5 under clause (i) by the amount of the ad6 justment determined under subsection 

7 (b)(1)(B); and 

8 ‘‘(iii) adjust the amount that the Sec9 retary would have allocated for the alloca10 tion, reservation, or set-aside for such fis11 cal year but for this section by the amount 

12 calculated under clause (ii). 

13 ‘‘(B) ALLOCATIONS, RESERVATIONS, AND

14 SET-ASIDES.—The allocations, reservations, and 

15 set-asides described in this subparagraph are— 

16 ‘‘(i) from the amount made available 

17 for a fiscal year for the Federal lands 

18 transportation program under section 203, 

19 the amounts allocated for a fiscal year for 

20 the National Park Service, the United 

21 States Fish and Wildlife Service, and the 

22 United States Forest Service; 

23 ‘‘(ii) the amount made available for 

24 the Puerto Rico highway program under 

25 section 165(a)(1); and 


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1 ‘‘(iii) the amount made available for 

2 the territorial highway program under sec3 tion 165(a)(2).’’; 

4 (2) in subsection (e)— 

5 (A) by striking ‘‘There is authorized’’ and 

6 inserting ‘‘For fiscal year 2022 and each fiscal 

7 year thereafter, there is authorized’’; and 

8 (B) by striking ‘‘for any of fiscal years 

9 2017 through 2020’’; and 

10 (3) in subsection (f)(1) by striking ‘‘section 

11 1102 or 3018 of the FAST Act’’ and inserting ‘‘any 

12 other provision of law’’. 

13 SEC. 1106. TRANSPARENCY. 

14 (a) APPORTIONMENT.—Section 104 of title 23, 

15 United States Code, is amended by striking subsection (g) 

16 and inserting the following: 

17 ‘‘(g) HIGHWAY TRUST FUND TRANSPARENCY AND

18 ACCOUNTABILITY REPORTS.— 

19 ‘‘(1) REQUIREMENT.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 compile data in accordance with this subsection 

22 on the use of Federal-aid highway funds made 

23 available under this title. 

24 ‘‘(B) USER FRIENDLY DATA.—The data 

25 compiled under subparagraph (A) shall be in a 


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1 user friendly format that can be searched, 

2 downloaded, disaggregated, and filtered by data 

3 category. 

4 ‘‘(2) PROJECT DATA.— 

5 ‘‘(A) IN GENERAL.—Not later than 120 

6 days after the end of each fiscal year, the Sec7 retary shall make available on the website of 

8 the Department of Transportation a report that 

9 describes— 

10 ‘‘(i) the location of each active project 

11 within each State during such fiscal year, 

12 including in which congressional district or 

13 districts such project is located; 

14 ‘‘(ii) the total cost of such project; 

15 ‘‘(iii) the amount of Federal funding 

16 obligated for such project; 

17 ‘‘(iv) the program or programs from 

18 which Federal funds have been obligated 

19 for such project; 

20 ‘‘(v) whether such project is located in 

21 an area of the State with a population of— 

22 ‘‘(I) less than 5,000 individuals; 

23 ‘‘(II) 5,000 or more individuals 

24 but less than 50,000 individuals; 


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1 ‘‘(III) 50,000 or more individuals 

2 but less than 200,000 individuals; or 

3 ‘‘(IV) 200,000 or more individ4 uals; 

5 ‘‘(vi) the type of improvement being 

6 made by such project, including catego7 rizing such project as— 

8 ‘‘(I) a road reconstruction 

9 project; 

10 ‘‘(II) a new road construction 

11 project; 

12 ‘‘(III) a new bridge construction 

13 project; 

14 ‘‘(IV) a bridge rehabilitation 

15 project; or 

16 ‘‘(V) a bridge replacement 

17 project; 

18 ‘‘(vii) the functional classification of 

19 the roadway on which such project is lo20 cated; and 

21 ‘‘(viii) available information on the es22 timated cost of such project as of the start 

23 of project construction, or the revised cost 

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1 fecting project cost other than cost over2 runs. 

3 ‘‘(B) INTERACTIVE MAP.—In addition to 

4 the data made available under subparagraph 

5 (A), the Secretary shall make available on the 

6 website of the Department of Transportation an 

7 interactive map that displays, for each active 

8 project, the information described in clauses (i) 

9 through (v) of subparagraph (A). 

10 ‘‘(3) STATE DATA.— 

11 ‘‘(A) APPORTIONED AND ALLOCATED PRO12 GRAMS.—The website described in paragraph 

13 (2)(A) shall display the Federal-aid highway 

14 funds apportioned and allocated to each State 

15 under this title, including— 

16 ‘‘(i) the amount of funding available 

17 for obligation by the State at the start of 

18 the fiscal year; 

19 ‘‘(ii) the amount of funding obligated 

20 by the State during such fiscal year; 

21 ‘‘(ii) the amount of funding remaining 

22 available for obligation by the State at the 

23 end of such fiscal year; and 

24 ‘‘(iii) changes in the obligated, unex25 pended balance for the State; 


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1 ‘‘(B) PROGRAMMATIC DATA.—The data de2 scribed in subparagraph (A) shall include— 

3 ‘‘(i) the amount of funding by each 

4 apportioned and allocated program for 

5 which the State received funding under 

6 this title; 

7 ‘‘(ii) the amount of funding trans8 ferred between programs by the State dur9 ing the fiscal year using the authority pro10 vided under section 126; and 

11 ‘‘(iii) the amount and program cat12 egory of Federal funds exchanged as de13 scribed in section 106(g)(6). 

14 ‘‘(4) DEFINITIONS.—In this subsection: 

15 ‘‘(A) ACTIVE PROJECT.— 

16 ‘‘(i) IN GENERAL.—The term ‘active 

17 project’ means a Federal-aid highway 

18 project using funds made available under 

19 this title on which those funds were obli20 gated or expended during the fiscal year 

21 for which the estimated total cost as of the 

22 start of construction is greater than 

23 $5,000,000. 

24 ‘‘(ii) EXCLUSION.—The term ‘active 

25 project’ does not include any project for 


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1 which funds are transferred to agencies 

2 other than the Federal Highway Adminis3 tration. 

4 ‘‘(B) INTERACTIVE MAP.—The term ‘inter5 active map’ means a map displayed on the pub6 lic website of the Department of Transportation 

7 that allows a user to select and view informa8 tion for each active project, State, and Congres9 sional district. 

10 ‘‘(C) STATE.—The term ‘State’ means any 

11 of the 50 States or the District of Columbia.’’. 

12 (b) PROJECT APPROVAL AND OVERSIGHT.—Section 

13 106 of title 23, United States Code, is amended— 

14 (1) in subsection (g)— 

15 (A) in paragraph (4) by striking subpara16 graph (B) and inserting the following: 

17 ‘‘(B) ASSISTANCE TO STATES.—The Sec18 retary shall— 

19 ‘‘(i) develop criteria for States to use 

20 to make the determination required under 

21 subparagraph (A); and 

22 ‘‘(ii) provide training, guidance, and 

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1 ministered by subrecipients comply with 

2 the requirements of this title. 

3 ‘‘(C) PERIODIC REVIEW.—The Secretary 

4 shall review, not less frequently than every 2 

5 years, the monitoring of subrecipients by the 

6 States.’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(6) FEDERAL FUNDING EXCHANGE PRO9 GRAMS.—A State may implement a program under 

10 which a subrecipient has the option to exchange 

11 Federal funds allocated to such subrecipient in ac12 cordance with the requirements of this title for State 

13 or local funds if the State certifies to the Secretary 

14 that the State has prevailing wage and domestic con15 tent requirements that are comparable to the re16 quirements under sections 113 and 313 and that 

17 such requirements shall apply to projects carried out 

18 using such funds if such projects would have been 

19 subject to the requirements of sections 113 and 313 

20 if such projects were carried out using Federal 

21 funds.’’; 

22 (2) in subsection (h)(3)— 

23 (A) in subparagraph (B) by striking ‘‘, as 

24 determined by the Secretary,’’; and 


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1 (B) in subparagraph (D) by striking ‘‘shall 

2 assess’’ and inserting ‘‘in the case of a project 

3 proposed to be advanced as a public-private 

4 partnership, shall include a detailed value for 

5 money analysis or comparable analysis to deter6 mine’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(k) MEGAPROJECTS.— 

9 ‘‘(1) COMPREHENSIVE RISK MANAGEMENT

10 PLAN.—To be authorized for the construction of a 

11 megaproject, the recipient of Federal financial as12 sistance under this title for such megaproject shall 

13 submit to the Secretary a comprehensive risk man14 agement plan that contains— 

15 ‘‘(A) a description of the process by which 

16 the recipient will identify, quantify, and monitor 

17 the risks, including natural hazards, that might 

18 result in cost overruns, project delays, reduced 

19 construction quality, or reductions in benefits 

20 with respect to the megaproject; 

21 ‘‘(B) examples of mechanisms the recipient 

22 will use to track risks identified pursuant to 

23 subparagraph (A); 

24 ‘‘(C) a plan to control such risks; and 


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1 ‘‘(D) such assurances as the Secretary de2 termines appropriate that the recipient shall, 

3 with respect to the megaproject— 

4 ‘‘(i) regularly submit to the Secretary 

5 updated cost estimates; and 

6 ‘‘(ii) maintain and regularly reassess 

7 financial reserves for addressing known 

8 and unknown risks. 

9 ‘‘(2) PEER REVIEW GROUP.— 

10 ‘‘(A) IN GENERAL.—Not later than 90 

11 days after the date on which a megaproject is 

12 authorized for construction, the recipient of 

13 Federal financial assistance under this title for 

14 such megaproject shall establish a peer review 

15 group for such megaproject that consists of at 

16 least 5 individuals (including at least 1 indi17 vidual with project management experience) to 

18 give expert advice on the scientific, technical, 

19 and project management aspects of the 

20 megaproject. 

21 ‘‘(B) MEMBERSHIP.— 

22 ‘‘(i) IN GENERAL.—Not later than 

23 180 days after the date of enactment of 

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1 lish guidelines describing how a recipient 

2 described in subparagraph (A) shall— 

3 ‘‘(I) recruit and select members 

4 for a peer review group established 

5 under such subparagraph; and 

6 ‘‘(II) make publicly available the 

7 criteria for such selection and identify 

8 the members so selected. 

9 ‘‘(ii) CONFLICT OF INTEREST.—No 

10 member of a peer review group for a 

11 megaproject may have a direct or indirect 

12 financial interest in such megaproject. 

13 ‘‘(C) TASKS.—A peer review group estab14 lished under subparagraph (A) by a recipient of 

15 Federal financial assistance for a megaproject 

16 shall— 

17 ‘‘(i) meet annually until completion of 

18 the megaproject; 

19 ‘‘(ii) not later than 90 days after the 

20 date of the establishment of the peer re21 view group and not later than 90 days 

22 after the date of any significant change, as 

23 determined by the Secretary, to the scope, 

24 schedule, or budget of the megaproject, re25 view the scope, schedule, and budget of the 


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1 megaproject, including planning, engineer2 ing, financing, and any other elements de3 termined appropriate by the Secretary; and 

4 ‘‘(iii) submit to the Secretary, Con5 gress, and such recipient a report on the 

6 findings of each review under clause (ii). 

7 ‘‘(3) TRANSPARENCY.—Not later than 90 days 

8 after the submission of a report under paragraph 

9 (2)(C)(iii), the Secretary shall publish on the website 

10 of the Department of Transportation such report. 

11 ‘‘(4) MEGAPROJECT DEFINED.—In this sub12 section, the term ‘megaproject’ means a project 

13 under this title that has an estimated total cost of 

14 $2,000,000,000 or more, and such other projects as 

15 may be identified by the Secretary. 

16 ‘‘(l) SPECIAL EXPERIMENTAL PROJECTS.— 

17 ‘‘(1) PUBLIC AVAILABILITY.—The Secretary 

18 shall publish on the website of the Department of 

19 Transportation a copy of all letters of interest, pro20 posals, workplans, and reports related to the special 

21 experimental project authority pursuant to section 

22 502(b). 

23 ‘‘(2) NOTIFICATION AND OPPORTUNITY FOR

24 COMMENT.—Not later than 30 days before making 

25 a determination to proceed with an experiment 


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1 under a letter of interest described in paragraph (1), 

2 the Secretary shall provide notification and an op3 portunity for public comment on the letter of inter4 est and the Secretary’s proposed response. 

5 ‘‘(3) REPORT TO CONGRESS.—Not later than 2 

6 years after the date of enactment of the INVEST in 

7 America Act, the Secretary shall submit to the Com8 mittee on Transportation and Infrastructure of the 

9 House of Representatives and the Committee on En10 vironment and Public Works of the Senate a report 

11 that includes— 

12 ‘‘(A) a summary of each experiment de13 scribed in this subsection carried out over the 

14 previous 5 years; and 

15 ‘‘(B) legislative recommendations based on 

16 the findings of such experiments. 

17 ‘‘(m) COMPETITIVE GRANT PROGRAM OVERSIGHT

18 AND ACCOUNTABILITY.— 

19 ‘‘(1) IN GENERAL.—To ensure the account20 ability and oversight of the discretionary grant selec21 tion process administered by the Secretary, a cov22 ered program shall be subject to the requirements of 

23 this section, in addition to the requirements applica24 ble to each covered program. 


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1 ‘‘(2) APPLICATION PROCESS.—The Secretary 

2 shall— 

3 ‘‘(A) develop a template for applicants to 

4 use to summarize— 

5 ‘‘(i) project needs and benefits; and 

6 ‘‘(ii) any factors, requirements, or 

7 considerations established for the applica8 ble covered program; 

9 ‘‘(B) create a data driven process to evalu10 ate, as set forth in the covered program, each 

11 eligible project for which an application is re12 ceived; and 

13 ‘‘(C) make a determination, based on the 

14 evaluation made pursuant to subparagraph (B), 

15 on any ratings, rankings, scores, or similar 

16 metrics for applications made to the covered 

17 program. 

18 ‘‘(3) NOTIFICATION OF CONGRESS.—Not less 

19 than 30 days before making a grant for a covered 

20 program, the Secretary shall notify, in writing, the 

21 Committee on Transportation and Infrastructure of 

22 the House of Representatives and the Committee on 

23 the Environment and Public Works of the Senate 

24 of— 


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1 ‘‘(A) the amount for each award proposed 

2 to be selected; 

3 ‘‘(B) a description of the review process; 

4 ‘‘(C) for each application, the determina5 tion made under paragraph (2)(C); and 

6 ‘‘(D) a detailed explanation of the basis for 

7 each award proposed to be selected. 

8 ‘‘(4) NOTIFICATION OF APPLICANTS.—Not later 

9 than 30 days after making a grant for a project 

10 under a covered program, the Secretary shall send 

11 to all applicants under such covered program, and 

12 publish on the website of the Department of Trans13 portation— 

14 ‘‘(A) a summary of each application made 

15 to the covered program for the given round of 

16 funding; and 

17 ‘‘(B) the evaluation and justification for 

18 the project selection, including all ratings, 

19 rankings, scores, or similar metrics for applica20 tions made to the covered program for the given 

21 round of funding during each phase of the 

22 grant selection process. 

23 ‘‘(5) BRIEFING.—The Secretary shall provide, 

24 at the request of a grant applicant of a covered pro25 gram, the opportunity to receive a briefing to explain 


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1 any reasons the grant applicant was not awarded a 

2 grant. 

3 ‘‘(6) TEMPLATE.—The Secretary shall, to the 

4 extent practicable, develop a template as described 

5 in paragraph (2)(A) for any discretionary program 

6 administered by the Secretary that is not a covered 

7 program. 

8 ‘‘(7) COVERED PROGRAM DEFINED.—The term 

9 ‘covered program’ means each of the following dis10 cretionary grant programs: 

11 ‘‘(A) Community climate innovation grants 

12 under section 172. 

13 ‘‘(B) Electric vehicle charging and hydro14 gen fueling infrastructure grants under section 

15 151(f). 

16 ‘‘(C) Federal lands and tribal major 

17 projects grants under section 208. 

18 ‘‘(D) Safe, efficient mobility through ad19 vanced technologies grants under section 

20 503(c)(4).’’. 

21 (c) DIVISION OFFICE CONSISTENCY.—Not later than 

22 1 year after the date of enactment of this Act, the Comp23 troller General of the United States shall submit to Con24 gress a report that— 


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1 (1) analyzes the consistency of determinations 

2 among division offices of the Federal Highway Ad3 ministration; and 

4 (2) makes recommendations to improve the con5 sistency of such determinations. 

6 SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET 

7 DESIGN. 

8 (a) STANDARDS.—Section 109 of title 23, United 

9 States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1) by striking ‘‘planned 

12 future traffic of the highway in a manner that 

13 is conducive to’’ and inserting ‘‘future oper14 ational performance of the facility in a manner 

15 that enhances’’; and 

16 (B) in paragraph (2) by inserting ‘‘, taking 

17 into consideration context sensitive design prin18 ciples’’ after ‘‘each locality’’; 

19 (2) in subsection (b)— 

20 (A) by striking ‘‘The geometric’’ and in21 serting ‘‘DESIGN CRITERIA FOR THE INTER22 STATE SYSTEM.—The geometric’’; and 

23 (B) by striking ‘‘the types and volumes of 

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1 proval by the Secretary, under section 106 of 

2 this title, of the plans, specifications, and esti3 mates for actual construction of such project’’ 

4 and inserting ‘‘the existing and future oper5 ational performance of the facility’’; 

6 (3) in subsection (c)(1)— 

7 (A) in subparagraph (C) by striking ‘‘; 

8 and’’ and inserting a semicolon; 

9 (B) in subparagraph (D) by striking the 

10 period and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(E) context sensitive design principles.’’; 

13 (4) by striking subsection (o) and inserting the 

14 following: 

15 ‘‘(o) COMPLIANCE WITH STATE LAWS FOR NON16 NHS PROJECTS.— 

17 ‘‘(1) IN GENERAL.—Projects (other than high18 way projects on the National Highway System) 

19 shall— 

20 ‘‘(A) be designed, constructed, operated, 

21 and maintained in accordance with State laws, 

22 regulations, directives, safety standards, design 

23 standards, and construction standards; and 

24 ‘‘(B) take into consideration context sen25 sitive design principles. 


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1 ‘‘(2) DESIGN FLEXIBILITY.— 

2 ‘‘(A) IN GENERAL.—A local jurisdiction 

3 may deviate from the roadway design publica4 tion used by the State in which the local juris5 diction is located for the design of a project on 

6 a roadway (other than a highway on the Na7 tional Highway System) if— 

8 ‘‘(i) the deviation is approved by the 

9 Secretary; and 

10 ‘‘(ii) the design complies with all other 

11 applicable Federal laws. 

12 ‘‘(B) STATE-OWNED ROADS.—In the case 

13 of a roadway under the ownership of the State, 

14 the local jurisdiction may only deviate from the 

15 roadway design publication used by the State 

16 with the concurrence of the State. 

17 ‘‘(C) PROGRAMMATIC BASIS.—The Sec18 retary may approve a deviation under this para19 graph on a project, multiple project, or pro20 grammatic basis.’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(s) CONTEXT SENSITIVE DESIGN.— 

23 ‘‘(1) CONTEXT SENSITIVE DESIGN STAND24 ARDS.—The Secretary shall collaborate with Amer25 ican Association of State Highway Transportation 


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1 Officials to ensure that any roadway design publica2 tions approved by the Secretary under this section 

3 provides adequate flexibility for a project sponsor to 

4 select the appropriate design of a roadway, con5 sistent with context sensitive design principles. 

6 ‘‘(2) POLICIES OR PROCEDURES.— 

7 ‘‘(A) IN GENERAL.—Not later than 1 year 

8 after the Secretary publishes the final guidance 

9 described in paragraph (3), each State shall 

10 adopt policies or procedures to evaluate the con11 text of a proposed roadway and select the ap12 propriate design, consistent with context sen13 sitive design principles. 

14 ‘‘(B) LOCAL GOVERNMENTS.—The Sec15 retary and States shall encourage local govern16 ments to adopt policies or procedures described 

17 under subparagraph (A). 

18 ‘‘(C) CONSIDERATIONS.—The policies or 

19 procedures developed under this paragraph 

20 shall take into consideration the guidance devel21 oped by the Secretary under paragraph (3). 

22 ‘‘(3) GUIDANCE.— 

23 ‘‘(A) IN GENERAL.— 

24 ‘‘(i) NOTICE.—Not later than 1 year 

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1 section, the Secretary shall publish guid2 ance on the official website of the Depart3 ment of Transportation on context sen4 sitive design. 

5 ‘‘(ii) PUBLIC REVIEW AND COM6 MENT.—The guidance described in this 

7 paragraph shall be finalized following an 

8 opportunity for public review and com9 ment. 

10 ‘‘(iii) UPDATE.—The Secretary shall 

11 periodically update the guidance described 

12 in this paragraph, including the model 

13 policies or procedures described under sub14 paragraph (B)(v). 

15 ‘‘(B) REQUIREMENTS.—The guidance de16 scribed in this paragraph shall— 

17 ‘‘(i) provide best practices for States, 

18 metropolitan planning organizations, re19 gional transportation planning organiza20 tions, local governments or other project 

21 sponsors to carry out context sensitive de22 sign principles; 

23 ‘‘(ii) identify opportunities to modify 

24 planning, scoping, design, and development 

25 procedures to more effectively combine 


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1 modes of transportation into integrated fa2 cilities that meet the needs of each of such 

3 modes of transportation in an appropriate 

4 balance; 

5 ‘‘(iii) identify metrics to assess the 

6 context of the facility, including sur7 rounding land use or roadside characteris8 tics; 

9 ‘‘(iv) assess the expected operational 

10 and safety performance of alternative ap11 proaches to facility design; and 

12 ‘‘(v) taking into consideration the 

13 findings of this guidance, establish model 

14 policies or procedures for a State or other 

15 project sponsor to evaluate the context of 

16 a proposed facility and select the appro17 priate facility design for the context. 

18 ‘‘(C) TOPICS OF EMPHASIS.—In publishing 

19 the guidance described in this paragraph, the 

20 Secretary shall emphasize— 

21 ‘‘(i) procedures for identifying the 

22 needs of users of all ages and abilities of 

23 a particular roadway; 


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1 ‘‘(ii) procedures for identifying the 

2 types and designs of facilities needed to 

3 serve each class of users; 

4 ‘‘(iii) safety and other benefits pro5 vided by carrying out context sensitive de6 sign principles; 

7 ‘‘(iv) common barriers to carrying out 

8 context sensitive design principles; 

9 ‘‘(v) procedures for overcoming the 

10 most common barriers to carrying out con11 text sensitive design principles; 

12 ‘‘(vi) procedures for identifying the 

13 costs associated with carrying out context 

14 sensitive design principles; 

15 ‘‘(vii) procedures for maximizing local 

16 cooperation in the introduction of context 

17 sensitive design principles and carrying out 

18 those principles; and 

19 ‘‘(viii) procedures for assessing and 

20 modifying the facilities and operational 

21 characteristics of existing roadways to im22 prove consistency with context sensitive de23 sign principles. 

24 ‘‘(4) FUNDING.—Amounts made available 

25 under sections 104(b)(6) and 505 of this title may 


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1 be used for States, local governments, metropolitan 

2 planning organizations, or regional transportation 

3 planning organizations to adopt policies or proce4 dures to evaluate the context of a proposed roadway 

5 and select the appropriate design, consistent with 

6 context sensitive design principles.’’. 

7 (b) CONFORMING AMENDMENT.—Section 1404(b) of 

8 the FAST Act (23 U.S.C. 109 note) is repealed. 

9 SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL 

10 SHARE. 

11 (a) IN GENERAL.—Section 120(c)(3)(B) of title 23, 

12 United States Code, is amended— 

13 (1) by striking clause (i) and inserting the fol14 lowing: 

15 ‘‘(i) prefabricated bridge elements and 

16 systems, innovative materials, and other 

17 technologies to reduce bridge construction 

18 time, extend service life, and reduce preser19 vation costs, as compared to conventionally 

20 designed and constructed bridges;’’; 

21 (2) by redesignating clause (vi) as clause (vii); 

22 (3) in clause (v) by striking ‘‘or’’ at the end; 

23 and 

24 (4) by inserting after clause (v) the following: 


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1 ‘‘(vi) innovative pavement materials 

2 that demonstrate reductions in greenhouse 

3 gas emissions through sequestration or in4 novative manufacturing processes; or’’. 

5 (b) TECHNICAL AMENDMENT.—Section 107(a)(2) of 

6 title 23, United States Code, is amended by striking ‘‘sub7 section (c) of’’. 

8 SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

9 FUNDS. 

10 Section 126(b) of title 23, United States Code, is 

11 amended— 

12 (1) in the heading by inserting ‘‘AND PRO13 GRAMS’’ after ‘‘SET-ASIDES’’; 

14 (2) in paragraph (1) by striking ‘‘and 

15 133(d)(1)(A)’’ and inserting ‘‘, 130, 133(d)(1)(A), 

16 and 133(h)’’; and 

17 (3) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) ENVIRONMENTAL PROGRAMS.—With re20 spect to an apportionment under either paragraph 

21 (4) or paragraph (9) of section 104(b), and notwith22 standing subsection (a), a State may only transfer 

23 not more than 50 percent from the amount of the 

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1 portionment under the other such paragraph in a 

2 fiscal year.’’. 

3 SEC. 1110. TOLLING. 

4 (a) TOLL ROADS, BRIDGES, TUNNELS, AND FER5 RIES.—Section 129 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (a)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) AUTHORIZATION FOR FEDERAL PAR12 TICIPATION.—Subject to the provisions of this 

13 section, Federal participation shall be permitted 

14 on the same basis and in the same manner as 

15 construction of toll-free highways is permitted 

16 under this chapter in the— 

17 ‘‘(i) initial construction of a toll high18 way, bridge, or tunnel or approach to the 

19 highway, bridge, or tunnel; 

20 ‘‘(ii) initial construction of 1 or more 

21 lanes or other improvements that increase 

22 capacity of a highway, bridge, or tunnel 

23 (other than a highway on the Interstate 

24 System) and conversion of that highway, 

25 bridge, or tunnel to a tolled facility, if the 


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1 number of toll-free lanes, excluding auxil2 iary lanes, after the construction is not less 

3 than the number of toll-free lanes, exclud4 ing auxiliary lanes, before the construction; 

5 ‘‘(iii) initial construction of 1 or more 

6 lanes or other improvements that increase 

7 the capacity of a highway, bridge, or tun8 nel on the Interstate System and conver9 sion of that highway, bridge, or tunnel to 

10 a tolled facility, if the number of toll-free 

11 non-HOV lanes, excluding auxiliary lanes, 

12 after such construction is not less than the 

13 number of toll-free non-HOV lanes, exclud14 ing auxiliary lanes, before such construc15 tion; 

16 ‘‘(iv) reconstruction, resurfacing, res17 toration, rehabilitation, or replacement of a 

18 toll highway, bridge, or tunnel or approach 

19 to the highway, bridge, or tunnel; 

20 ‘‘(v) reconstruction or replacement of 

21 a toll-free bridge or tunnel and conversion 

22 of the bridge or tunnel to a toll facility; 

23 ‘‘(vi) reconstruction of a toll-free Fed24 eral-aid highway (other than a highway on 


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1 the Interstate System) and conversion of 

2 the highway to a toll facility; 

3 ‘‘(vii) reconstruction, restoration, or 

4 rehabilitation of a highway on the Inter5 state System if the number of toll-free 

6 non-HOV lanes, excluding auxiliary lanes, 

7 after reconstruction, restoration, or reha8 bilitation is not less than the number of 

9 toll-free non-HOV lanes, excluding auxil10 iary lanes, before reconstruction, restora11 tion, or rehabilitation; 

12 ‘‘(viii) conversion of a high occupancy 

13 vehicle lane on a highway, bridge, or tun14 nel to a toll facility, subject to the require15 ments of section 166; and 

16 ‘‘(iv) preliminary studies to determine 

17 the feasibility of a toll facility for which 

18 Federal participation is authorized under 

19 this paragraph. 

20 ‘‘(B) AGREEMENT TO TOLL.— 

21 ‘‘(i) IN GENERAL.—Before the Sec22 retary may authorize tolling as described 

23 in this paragraph, the public authority 

24 with jurisdiction over a highway, bridge, or 

25 tunnel shall enter into an agreement with 


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1 the Secretary to ensure compliance with 

2 the requirements of this subsection. 

3 ‘‘(ii) APPLICABILITY.— 

4 ‘‘(I) IN GENERAL.—The provi5 sions of this paragraph shall apply 

6 to— 

7 ‘‘(aa) Federal participation 

8 under subparagraph (A); 

9 ‘‘(bb) any prior Federal par10 ticipation in the facility proposed 

11 to be tolled; and 

12 ‘‘(cc) conversion, with or 

13 without Federal participation, of 

14 a non-tolled lane on the National 

15 Highway System to a toll facility 

16 under subparagraph (E). 

17 ‘‘(II) HOV FACILITY.—Except as 

18 otherwise provided in this subsection 

19 or section 166, the provisions of this 

20 paragraph shall not apply to a high 

21 occupancy vehicle facility. 

22 ‘‘(iii) MAJOR FEDERAL ACTION.—Ap23 proval by the Secretary of an agreement to 

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1 tional Environmental Policy Act of 1969 

2 (42 U.S.C. 4321 et seq.). 

3 ‘‘(C) AGREEMENT CONDITIONS.—Prior to 

4 entering into an agreement to toll under this 

5 subsection, the public authority shall certify to 

6 the Secretary that— 

7 ‘‘(i) the public authority has estab8 lished procedures to ensure the toll meets 

9 the purposes and requirements of this sub10 section; 

11 ‘‘(ii) the facility shall provide for ac12 cess at no cost to public transportation ve13 hicles and over-the-road buses serving the 

14 public; and 

15 ‘‘(iii) the facility shall provide for the 

16 regional interoperability of electronic toll 

17 collection, including through technologies 

18 or business practices. 

19 ‘‘(D) CONSIDERATION OF IMPACTS.— 

20 ‘‘(i) IN GENERAL.—Prior to entering 

21 into an agreement to toll under this sec22 tion, the Secretary shall ensure the public 

23 authority has adequately considered, in24 cluding by providing an opportunity for 


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1 public comment, the following factors with2 in the corridor: 

3 ‘‘(I) Congestion impacts on both 

4 the toll facility and in the corridor or 

5 cordon (including adjacent toll-free fa6 cilities). 

7 ‘‘(II) In the case of a non-attain8 ment or maintenance area, air quality 

9 impacts. 

10 ‘‘(III) Planned investments to 

11 improve public transportation or other 

12 non-tolled alternatives in the corridor. 

13 ‘‘(IV) Environmental justice and 

14 equity impacts. 

15 ‘‘(V) Impacts on freight move16 ment. 

17 ‘‘(VI) Economic impacts on busi18 nesses. 

19 ‘‘(ii) CONSIDERATION IN ENVIRON20 MENTAL REVIEW.—Nothing in this sub21 paragraph shall limit a public authority 

22 from meeting the requirements of this sub23 paragraph through the environmental re24 view process, as applicable. 

25 ‘‘(E) CONGESTION PRICING.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 may authorize conversion of a non-tolled 

3 lane on the National Highway System to a 

4 toll facility to utilize variable pricing to 

5 manage the demand to use the facility by 

6 varying the toll amount that is charged. 

7 ‘‘(ii) REQUIREMENT.—Prior to enter8 ing into an agreement to convert a non9 tolled lane on the National Highway Sys10 tem to a toll facility, the Secretary shall 

11 ensure (in addition to the requirements 

12 under subparagraphs (B), (C), and (D)) 

13 that such toll facility and the planned in14 vestments to improve public transportation 

15 or other non-tolled alternatives in the cor16 ridor are reasonably expected to improve 

17 the operation of the cordon or corridor, as 

18 described in clauses (iii) and (iv). 

19 ‘‘(iii) PERFORMANCE MONITORING.— 

20 A public authority that enters into an 

21 agreement to convert a non-tolled lane to 

22 a toll facility under this subparagraph 

23 shall— 


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1 ‘‘(I) establish, monitor, and sup2 port a performance monitoring, eval3 uation, and reporting program— 

4 ‘‘(aa) for the toll facility 

5 that provides for continuous 

6 monitoring, assessment, and re7 porting on the impacts that the 

8 pricing structure may have on 

9 the operation of the facility; and 

10 ‘‘(bb) for the corridor or cor11 don that provides for continuous 

12 monitoring, assessment, and re13 porting on the impacts of conges14 tion pricing on the operation of 

15 the corridor or cordon; 

16 ‘‘(II) submit to the Secretary an17 nual reports of the impacts described 

18 in subclause (I); and 

19 ‘‘(III) if the facility or the cor20 ridor or cordon becomes degraded, as 

21 described in clause (iv), submit to the 

22 Secretary an annual update that de23 scribes the actions proposed to bring 

24 the toll facility into compliance and 

25 the progress made on such actions. 


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1 ‘‘(iv) DETERMINATION.— 

2 ‘‘(I) DEGRADED OPERATION.— 

3 For purposes of clause (iii)(III), the 

4 operation of a toll facility shall be 

5 considered to be degraded if vehicles 

6 operating on the facility are failing to 

7 maintain a minimum average oper8 ating speed 90 percent of the time 

9 over a consecutive 180-day period 

10 during morning or evening weekday 

11 peak hour periods (or both). 

12 ‘‘(II) DEGRADED CORRIDOR OR

13 CORDON.—For the purposes of clause 

14 (iii)(III), a corridor or cordon shall be 

15 considered to be degraded if conges16 tion pricing or investments to improve 

17 public transportation or other non18 tolled alternatives have not resulted 

19 in— 

20 ‘‘(aa) an increase in person 

21 or freight throughput in the cor22 ridor or cordon; and 

23 ‘‘(bb) a reduction in person 

24 hours of delay in the corridor or 


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1 cordon, as determined by the 

2 Secretary. 

3 ‘‘(III) DEFINITION OF MINIMUM

4 AVERAGE OPERATING SPEED.—In this 

5 subparagraph, the term ‘minimum av6 erage operating speed’ means— 

7 ‘‘(aa) 45 miles per hour, in 

8 the case of a toll facility with a 

9 speed limit of 50 miles per hour 

10 or greater; and 

11 ‘‘(bb) not more than 10 

12 miles per hour below the speed 

13 limit, in the case of a toll facility 

14 with a speed limit of less than 50 

15 miles per hour. 

16 ‘‘(v) MAINTENANCE OF OPERATING

17 PERFORMANCE.— 

18 ‘‘(I) IN GENERAL.—Not later 

19 than 180 days after the date on which 

20 a facility or a corridor or cordon be21 comes degraded under clause (iv), the 

22 public authority with jurisdiction over 

23 the facility shall submit to the Sec24 retary for approval a plan that details 

25 the actions the public authority will 


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1 take to make significant progress to2 ward bringing the facility or corridor 

3 or cordon into compliance with this 

4 subparagraph. 

5 ‘‘(II) NOTICE OF APPROVAL OR

6 DISAPPROVAL.—Not later than 60 

7 days after the date of receipt of a 

8 plan under subclause (I), the Sec9 retary shall provide to the public au10 thority a written notice indicating 

11 whether the Secretary has approved 

12 or disapproved the plan based on a 

13 determination of whether the imple14 mentation of the plan will make sig15 nificant progress toward bringing the 

16 facility or corridor or cordon into 

17 compliance with this subparagraph. 

18 ‘‘(III) UPDATE.—Until the date 

19 on which the Secretary determines 

20 that the public authority has brought 

21 facility or corridor or cordon into 

22 compliance with this subparagraph, 

23 the public authority shall submit an24 nual updates that describe— 


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1 ‘‘(aa) the actions taken to 

2 bring the facility into compliance; 

3 ‘‘(bb) the actions taken to 

4 bring the corridor or cordon into 

5 compliance; and 

6 ‘‘(cc) the progress made by 

7 those actions. 

8 ‘‘(IV) COMPLIANCE.—If a public 

9 authority fails to bring a facility into 

10 compliance under this subparagraph, 

11 the Secretary may subject the public 

12 authority to appropriate program 

13 sanctions under section 1.36 of title 

14 23, Code of Federal Regulations (or 

15 successor regulations), until the per16 formance is no longer degraded. 

17 ‘‘(vi) CONSULTATION OF MPO.—If a 

18 toll facility authorized under this subpara19 graph is located on the National Highway 

20 System and in a metropolitan planning 

21 area established in accordance with section 

22 134, the public authority shall consult with 

23 the metropolitan planning organization for 

24 the area. 


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1 ‘‘(vii) INCLUSION.—For the purposes 

2 of this paragraph, the corridor or cordon 

3 shall include toll-free facilities that are ad4 jacent to the toll facility.’’; 

5 (B) in paragraph (3)— 

6 (i) in subparagraph (A)— 

7 (I) in clause (iv) by striking 

8 ‘‘and’’ at the end; and 

9 (II) by striking clause (v) and in10 serting the following: 

11 ‘‘(v) any project eligible under this 

12 title or chapter 53 of title 49 that improves 

13 the operation of the corridor or cordon by 

14 increasing person or freight throughput 

15 and reducing person hours of delay; 

16 ‘‘(vi) toll discounts or rebates for 

17 users of the toll facility that have no rea18 sonable alternative transportation method 

19 to the toll facility; and 

20 ‘‘(vii) if the public authority certifies 

21 annually that the tolled facility is being 

22 adequately maintained and the cordon or 

23 corridor is not degraded under paragraph 

24 (1)(E), any revenues remaining after fund25 ing the activities described in clauses (i) 


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1 through (vi) shall be considered surplus 

2 revenue and may be used for any other 

3 purpose for which Federal funds may be 

4 obligated by a State under this title or 

5 chapter 53 of title 49.’’; 

6 (ii) by striking subparagraph (B) and 

7 inserting the following: 

8 ‘‘(B) TRANSPARENCY.— 

9 ‘‘(i) ANNUAL AUDIT.— 

10 ‘‘(I) IN GENERAL.—A public au11 thority with jurisdiction over a toll fa12 cility shall conduct or have an inde13 pendent auditor conduct an annual 

14 audit of toll facility records to verify 

15 adequate maintenance and compliance 

16 with subparagraph (A), and report the 

17 results of the audits to the Secretary. 

18 ‘‘(II) RECORDS.—On reasonable 

19 notice, the public authority shall make 

20 all records of the public authority per21 taining to the toll facility available for 

22 audit by the Secretary. 

23 ‘‘(ii) SURPLUS REVENUES.—A State 

24 that obligates amounts under clauses (v), 

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1 nually report to the Secretary a list of ac2 tivities funded with such amounts and the 

3 amount of funding provided for each such 

4 activity.’’; 

5 (C) in paragraph (8) by striking ‘‘as of the 

6 date of enactment of the MAP–21, before com7 mencing any activity authorized’’ and inserting 

8 ‘‘, before commencing any activity authorized’’; 

9 and 

10 (D) by striking paragraph (10) and insert11 ing the following: 

12 ‘‘(10) INTEROPERABILITY OF ELECTRONIC

13 TOLL COLLECTION.—All toll facilities on Federal-aid 

14 highways shall provide for the regional interoper15 ability of electronic toll collection, including through 

16 technologies or business practices. 

17 ‘‘(11) NONCOMPLIANCE.—If the Secretary con18 cludes that a public authority has not complied with 

19 the requirements of this subsection, the Secretary 

20 may require the public authority to discontinue col21 lecting tolls until the public authority and the Sec22 retary enter into an agreement for the public author23 ity to achieve compliance with such requirements. 

24 ‘‘(12) DEFINITIONS.—In this subsection, the 

25 following definitions apply: 


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1 ‘‘(A) FEDERAL PARTICIPATION.—The term 

2 ‘Federal participation’ means the use of funds 

3 made available under this title. 

4 ‘‘(B) HIGH OCCUPANCY VEHICLE; HOV.— 

5 The term ‘high occupancy vehicle’ or ‘HOV’ 

6 means a vehicle with not fewer than 2 occu7 pants. 

8 ‘‘(C) INITIAL CONSTRUCTION.— 

9 ‘‘(i) IN GENERAL.—The term ‘initial 

10 construction’ means the construction of a 

11 highway, bridge, tunnel, or other facility at 

12 any time before it is open to traffic. 

13 ‘‘(ii) EXCLUSIONS.—The term ‘initial 

14 construction’ does not include any improve15 ment to a highway, bridge, tunnel, or other 

16 facility after it is open to traffic. 

17 ‘‘(D) OVER-THE-ROAD BUS.—The term 

18 ‘over-the-road bus’ has the meaning given the 

19 term in section 301 of the Americans with Dis20 abilities Act of 1990 (42 U.S.C. 12181). 

21 ‘‘(E) PUBLIC AUTHORITY.—The term 

22 ‘public authority’ means a State, interstate 

23 compact of States, or public entity designated 

24 by a State. 


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1 ‘‘(F) PUBLIC TRANSPORTATION VEHI2 CLE.—The term ‘public transportation vehicle’ 

3 has the meaning given that term in section 166. 

4 ‘‘(G) TOLL FACILITY.—The term ‘toll fa5 cility’ means a toll highway, bridge, or tunnel or 

6 approach to the highway, bridge, or tunnel con7 structed or authorized to be tolled under this 

8 subsection.’’. 

9 (b) REPEAL OF INTERSTATE SYSTEM RECONSTRUC10 TION AND REHABILITATION PILOT PROGRAM.—Section 

11 1216 of the Transportation Equity Act for the 21st Cen12 tury (23 U.S.C. 129 note), and the item related to such 

13 section in the table of contents in section 1(b) of such Act, 

14 are repealed. 

15 (c) VALUE PRICING PILOT PROGRAM.—Section 

16 1012(b) of the Intermodal Surface Transportation Effi17 ciency Act of 1991 (23 U.S.C. 149 note) is amended by 

18 adding at the end the following: 

19 ‘‘(9) SUNSET.—The Secretary may not consider 

20 an expression of interest submitted under this sec21 tion after the date of enactment of this paragraph.’’. 

22 (d) SAVINGS CLAUSE.— 

23 (1) APPLICATION OF LIMITATIONS.—Any toll 

24 facility described in paragraph (2) shall be subject to 

25 the requirements of section 129(a)(3) of title 23, 


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1 United States Code, as in effect on the day before 

2 the date of enactment of this Act. 

3 (2) TOLL FACILITIES.—A toll facility described 

4 in this paragraph is a facility that, on the day prior 

5 to the date of enactment of this Act was— 

6 (A) operating; 

7 (B) in the planning and design phase; or 

8 (C) in the construction phase. 

9 SEC. 1111. HOV FACILITIES. 

10 Section 166 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (4)(C)(iii) by striking 

14 ‘‘transportation buses’’ and inserting ‘‘transpor15 tation vehicles’’; and 

16 (B) in paragraph (5) by striking subpara17 graph (B) and redesignating subparagraph (C) 

18 as subparagraph (B); 

19 (2) in subsection (e)— 

20 (A) by striking ‘‘Not later than 180 days 

21 after the date of enactment of this section, the 

22 Administrator’’ and inserting ‘‘The Adminis23 trator’’; 

24 (B) in paragraph (1) by striking ‘‘and’’ at 

25 the end; 


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1 (C) in paragraph (2) by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(3) not later than 180 days after the date of 

5 enactment of the INVEST in America Act, update 

6 the requirements established under paragraph (1).’’; 

7 and 

8 (3) in subsection (f)— 

9 (A) in paragraph (1)— 

10 (i) by striking subparagraphs (C), 

11 (D), and (F); and 

12 (ii) by redesignating subparagraphs 

13 (E), (G), (H), and (I) as subparagraphs 

14 (C), (D), (E), and (F), respectively; and 

15 (B) in paragraph (6)(B)(i) by striking 

16 ‘‘public entity’’ and inserting ‘‘public transpor17 tation service that is a recipient or subrecipient 

18 of funds under chapter 53 of title 49’’. 

19 SEC. 1112. BUY AMERICA. 

20 (a) IN GENERAL.—Section 313 of title 23, United 

21 States Code, is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘Notwithstanding’’ and in24 serting ‘‘IN GENERAL—Notwithstanding’’; 


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1 (B) by striking ‘‘Secretary of Transpor2 tation’’ and inserting ‘‘Secretary’’; and 

3 (C) by striking ‘‘the Surface Transpor4 tation Assistance Act of 1982 (96 Stat. 2097) 

5 or’’; 

6 (2) in subsection (b) by inserting ‘‘DETERMINA7 TION.—’’ before ‘‘The provisions’’; 

8 (3) in subsection (c) by striking ‘‘For purposes’’ 

9 and inserting ‘‘CALCULATION—For purposes’’; 

10 (4) in subsection (d)— 

11 (A) by striking ‘‘The Secretary of Trans12 portation’’ and inserting ‘‘REQUIREMENTS— 

13 The Secretary’’; and 

14 (B) by striking ‘‘the Surface Transpor15 tation Assistance Act of 1982 (96 Stat. 2097) 

16 or’’; and 

17 (5) by adding at the end the following: 

18 ‘‘(h) WAIVER PROCEDURE.— 

19 ‘‘(1) IN GENERAL.—Not later than 120 days 

20 after the submission of a request for a waiver, the 

21 Secretary shall make a determination under para22 graph (1) or (2) of subsection (b) as to whether sub23 section (a) shall apply. 

24 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 


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1 ‘‘(A) IN GENERAL.—Not later than 30 

2 days before making a determination regarding a 

3 waiver described in paragraph (1), the Sec4 retary shall provide notification and an oppor5 tunity for public comment on the request for 

6 such waiver. 

7 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

8 notification required under subparagraph (A) 

9 shall— 

10 ‘‘(i) describe whether the application 

11 is being made for a determination de12 scribed in subsection (b)(1); and 

13 ‘‘(ii) be provided to the public by elec14 tronic means, including on the public 

15 website of the Department of Transpor16 tation. 

17 ‘‘(3) DETERMINATION.—Before a determination 

18 described in paragraph (1) takes effect, the Sec19 retary shall publish a detailed justification for such 

20 determination that addresses all public comments re21 ceived under paragraph (2)— 

22 ‘‘(A) on the public website of the Depart23 ment of Transportation; and 


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1 ‘‘(B) if the Secretary issues a waiver with 

2 respect to such determination, in the Federal 

3 Register. 

4 ‘‘(i) REVIEW OF NATIONWIDE WAIVERS.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this subsection, and at 

7 least every 5 years thereafter, the Secretary shall re8 view any standing nationwide waiver issued by the 

9 Secretary under this section to ensure such waiver 

10 remains justified. 

11 ‘‘(2) PUBLIC NOTIFICATION AND OPPORTUNITY

12 FOR COMMENT.— 

13 ‘‘(A) IN GENERAL.—Not later than 30 

14 days before the completion of a review under 

15 paragraph (1), the Secretary shall provide noti16 fication and an opportunity for public comment 

17 on such review. 

18 ‘‘(B) MEANS OF NOTIFICATION.—Notifica19 tion provided under this subparagraph shall be 

20 provided by electronic means, including on the 

21 public website of the Department of Transpor22 tation. 

23 ‘‘(3) DETAILED JUSTIFICATION IN FEDERAL

24 REGISTER.—After the completion of a review under 

25 paragraph (1), the Secretary shall publish in the 


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1 Federal Register a detailed justification for the de2 termination made under paragraph (1) that address3 es all public comments received under paragraph 

4 (2). 

5 ‘‘(j) REPORT.—Not later than 120 days after the last 

6 day of each fiscal year, the Secretary shall submit to the 

7 Committee on Transportation and Infrastructure of the 

8 House of Representatives, the Committee on Appropria9 tions of the House of Representatives, the Committee on 

10 Environment and Public Works of the Senate, and the 

11 Committee on Appropriations of the Senate a report on 

12 the waivers provided under subsection (h) during the pre13 vious fiscal year and the justifications for such waivers.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) CONSOLIDATED APPROPRIATIONS ACT, 

16 2010.—Section 123 of title I of division A of the 

17 Consolidated Appropriations Act, 2010 (23 U.S.C. 

18 313 note; Public Law 111–117) is repealed. 

19 (2) CONSOLIDATED APPROPRIATIONS ACT, 

20 2019.—Section 122 of title I of division H of the 

21 Consolidated Appropriations Act, 2019 (23 U.S.C. 

22 313 note; Public Law 116–94) is repealed. 

23 (3) SAFETEA–LU TECHNICAL CORRECTIONS

24 ACT OF 2008.—Section 117 of the SAFETEA–LU 


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1 Technical Corrections Act of 2008 (23 U.S.C. 313 

2 note) is repealed. 

3 Subtitle B—Programmatic 

4 Infrastructure Investment 

5 SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

6 Section 119 of title 23, United States Code, is 

7 amended— 

8 (1) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) PURPOSES.—The purposes of the national high11 way performance program shall be— 

12 ‘‘(1) to provide support for the condition and 

13 performance of Federal-aid highways and bridges on 

14 the National Highway System, consistent with the 

15 asset management plans of States; 

16 ‘‘(2) to support progress toward the achieve17 ment of performance targets of States established 

18 under section 150; 

19 ‘‘(3) to increase the resilience of Federal-aid 

20 highways and bridges; and 

21 ‘‘(4) to provide support for the construction of 

22 new facilities on the National Highway System, con23 sistent with subsection (d)(3).’’; 

24 (2) in subsection (d)— 


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1 (A) in paragraph (1)(A) by striking ‘‘or 

2 freight movement on the National Highway 

3 System’’ and inserting ‘‘freight movement, envi4 ronmental sustainability, transportation system 

5 access, or combating climate change’’; 

6 (B) in paragraph (1)(B) by striking ‘‘and’’ 

7 at the end; 

8 (C) in paragraph (2)— 

9 (i) in subparagraph (G)— 

10 (I) in clause (i) by inserting 

11 ‘‘and’’ at the end; 

12 (II) in clause (ii) by striking ‘‘; 

13 and’’ and inserting a period; and 

14 (III) by striking clause (iii); 

15 (ii) in subparagraph (I) by inserting 

16 ‘‘, including the installation of safety bar17 riers and nets on bridges on the National 

18 Highway System’’ after ‘‘National High19 way System’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(Q) Projects on or off the National High23 way System to reduce greenhouse gas emissions 

24 that are eligible under section 171, including 


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1 the installation of electric vehicle charging in2 frastructure. 

3 ‘‘(R) Projects on or off the National High4 way System to enhance resilience of a transpor5 tation facility, including protective features. 

6 ‘‘(S) Projects and strategies to reduce ve7 hicle-caused wildlife mortality related to, or to 

8 restore and maintain connectivity among terres9 trial or aquatic habitats affected by, a transpor10 tation facility otherwise eligible for assistance 

11 under this section. 

12 ‘‘(T) Projects on or off the National High13 way System to improve an evacuation route eli14 gible under section 124(b)(1)(C); and’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(3) a project that is otherwise eligible under 

17 this subsection to construct new capacity for single 

18 occupancy passenger vehicles only if the State— 

19 ‘‘(A) has demonstrated progress in achiev20 ing a state of good repair on the National 

21 Highway System; and 

22 ‘‘(B) demonstrates that the project— 

23 ‘‘(i) supports the achievement of per24 formance targets of the State established 

25 under section 150; and 


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1 ‘‘(ii) is more cost effective, as deter2 mined by benefit-cost analysis, than— 

3 ‘‘(I) an operational improvement 

4 to the facility or corridor; 

5 ‘‘(II) the construction of a transit 

6 project eligible for assistance under 

7 chapter 53 of title 49; or 

8 ‘‘(III) the construction of a non9 single occupancy passenger vehicle 

10 project that improves freight move11 ment.’’; and 

12 (3) in subsection (e)— 

13 (A) in the heading by inserting ‘‘ASSET

14 AND’’ after ‘‘STATE’’; 

15 (B) in paragraph (4)(D) by striking ‘‘anal16 ysis’’ and inserting ‘‘analyses, both of which 

17 shall take into consideration climate change ad18 aptation and resilience;’’; and 

19 (C) in paragraph (8) by striking ‘‘Not later 

20 than 18 months after the date of enactment of 

21 the MAP–21, the Secretary’’ and inserting 

22 ‘‘The Secretary’’. 

23 SEC. 1202. INCREASING THE RESILIENCE OF TRANSPOR24 TATION ASSETS. 

25 (a) PREDISASTER MITIGATION PROGRAM.— 


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1 (1) IN GENERAL.—Chapter 1 of title 23, United 

2 States Code, is amended by inserting after section 

3 123 the following: 

4 ‘‘§ 124. Predisaster mitigation program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab6 lish and implement a predisaster mitigation program to 

7 enhance the resilience of the transportation system of the 

8 United States, mitigate the impacts of covered events, and 

9 ensure the efficient use of Federal resources. 

10 ‘‘(b) ELIGIBLE ACTIVITIES.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

12 funds apportioned to the State under section 

13 104(b)(8) may be obligated for construction activi14 ties, including construction of natural infrastructure 

15 or protective features, to— 

16 ‘‘(A) increase the resilience of a surface 

17 transportation infrastructure asset to withstand 

18 a covered event; 

19 ‘‘(B) relocate or provide a reasonable alter20 native to a repeatedly damaged facility; and 

21 ‘‘(C) for an evacuation route identified in 

22 the vulnerability assessment required under sec23 tion 134(i)(2)(I)(iii) or section 135(f)(10)(C)— 

24 ‘‘(i) improve the capacity or operation 

25 of such evacuation route through— 


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1 ‘‘(I) communications and intel2 ligent transportation system equip3 ment and infrastructure; 

4 ‘‘(II) counterflow measures; and 

5 ‘‘(III) shoulders; and 

6 ‘‘(ii) relocate such evacuation route or 

7 provide a reasonable alternative to such 

8 evacuation route to address the risk of a 

9 covered event. 

10 ‘‘(2) INFRASTRUCTURE RESILIENCE AND ADAP11 TATION.—No funds shall be obligated to a project 

12 under this section unless the project meets each of 

13 the following criteria: 

14 ‘‘(A) The project is designed to ensure re15 silience over the anticipated service life of the 

16 surface transportation infrastructure asset. 

17 ‘‘(B) The project is identified in the metro18 politan or statewide transportation improve19 ment program as a project to address resilience 

20 vulnerabilities, consistent with section 

21 134(j)(3)(E) or 135(g)(5)(B)(iii). 

22 ‘‘(C) For a project in a flood plain, the 

23 project sponsor considers hydrologic and hy24 draulic data and methods that integrate current 

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1 mate science and future land use changes over 

2 the anticipated service life of the surface trans3 portation infrastructure asset. 

4 ‘‘(3) PRIORITIZATION OF PROJECTS.—A State 

5 shall develop a process to prioritize projects under 

6 this section based on the degree to which the pro7 posed project would— 

8 ‘‘(A) be cost effective; 

9 ‘‘(B) reduce the risk of disruption to a sur10 face transportation infrastructure asset consid11 ered critical to support population centers, 

12 freight movement, economic activity, evacu13 ation, recovery, or national security functions; 

14 and 

15 ‘‘(C) ease disruptions to vulnerable, at16 risk, or transit-dependant populations. 

17 ‘‘(c) GUIDANCE.—The Secretary shall provide guid18 ance to States to assist with the implementation of para19 graphs (2) and (3) of subsection (b). 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) COVERED EVENT.—The term ‘covered 

22 event’ means a climate change effect (including sea 

23 level rise), an extreme event, seismic activity, or any 

24 other natural disaster (including a wildfire). 


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1 ‘‘(2) SURFACE TRANSPORTATION INFRASTRUC2 TURE ASSET.—The term ‘surface transportation in3 frastructure asset’ means a facility eligible for as4 sistance under this title or chapter 53 of title 49.’’. 

5 (2) CONFORMING AMENDMENT.—The analysis 

6 for chapter 1 of title 23, United States Code, is 

7 amended by inserting after the item relating to sec8 tion 123 the following: 

‘‘124. Predisaster mitigation program.’’. 

9 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

10 (1) AMENDMENTS TO TITLE 23.— 

11 (A) CLIMATE CHANGE AND RESILIENCE.— 

12 Section 134(i)(2) of title 23, United States 

13 Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

16 ‘‘(i) IN GENERAL.—The transpor17 tation planning process shall assess strate18 gies to reduce the climate change impacts 

19 of the surface transportation system and 

20 conduct a vulnerability assessment to iden21 tify opportunities to enhance the resilience 

22 of the surface transportation system and 

23 ensure the efficient use of Federal re24 sources. 


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1 ‘‘(ii) CLIMATE CHANGE MITIGATION

2 AND IMPACTS.—A long-range transpor3 tation plan shall— 

4 ‘‘(I) identify investments and 

5 strategies to reduce transportation-re6 lated sources of greenhouse gas emis7 sions per capita; 

8 ‘‘(II) identify investments and 

9 strategies to manage transportation 

10 demand and increase the rates of pub11 lic transportation ridership, walking, 

12 bicycling, and carpools; and 

13 ‘‘(III) recommend zoning and 

14 other land use policies that would sup15 port infill, transit-oriented develop16 ment, and mixed use development. 

17 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

18 A long-range transportation plan shall in19 corporate a vulnerability assessment that— 

20 ‘‘(I) includes a risk-based assess21 ment of vulnerabilities of critical 

22 transportation assets and systems to 

23 covered events (as such term is de24 fined in section 124); 


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1 ‘‘(II) considers, as applicable, the 

2 risk management analysis in the 

3 State’s asset management plan devel4 oped pursuant to section 119, and the 

5 State’s evaluation of reasonable alter6 natives to repeatedly damaged facili7 ties; 

8 ‘‘(III) identifies evacuation 

9 routes, assesses the ability of any 

10 such routes to provide safe passage 

11 for evacuation and emergency re12 sponse during an emergency event, 

13 and identifies any improvements or 

14 redundant facilities necessary to ade15 quately facilitate safe passage; 

16 ‘‘(IV) describes the metropolitan 

17 planning organization’s adaptation 

18 and resilience improvement strategies 

19 that will inform the transportation in20 vestment decisions of the metropolitan 

21 planning organization; and 

22 ‘‘(V) is consistent with and com23 plementary of the State and local 

24 mitigation plans required under sec25 tion 322 of the Robert T. Stafford 


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1 Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5165). 

3 ‘‘(iv) CONSULTATION.—The assess4 ment described in this subparagraph shall 

5 be developed in consultation with, as ap6 propriate, State, local, and Tribal officials 

7 responsible for land use, housing, resil8 ience, hazard mitigation, and emergency 

9 management.’’. 

10 (B) RESILIENCE PROJECTS.—Section 

11 134(j)(3) of title 23, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

14 shall— 

15 ‘‘(i) identify projects that address the 

16 vulnerabilities identified by the assessment 

17 in subsection (i)(2)(I)(iii); and 

18 ‘‘(ii) describe how each project identi19 fied under clause (i) would improve the re20 silience of the transportation system.’’. 

21 (2) AMENDMENTS TO TITLE 49.— 

22 (A) CLIMATE CHANGE AND RESILIENCE.— 

23 Section 5303(i)(2) of title 49, United States 

24 Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘(I) CLIMATE CHANGE AND RESILIENCE.— 

2 ‘‘(i) IN GENERAL.—The transpor3 tation planning process shall assess strate4 gies to reduce the climate change impacts 

5 of the surface transportation system and 

6 conduct a vulnerability assessment to iden7 tify opportunities to enhance the resilience 

8 of the surface transportation system and 

9 ensure the efficient use of Federal re10 sources. 

11 ‘‘(ii) CLIMATE CHANGE MITIGATION

12 AND IMPACTS.—A long-range transpor13 tation plan shall— 

14 ‘‘(I) identify investments and 

15 strategies to reduce transportation-re16 lated sources of greenhouse gas emis17 sions per capita; 

18 ‘‘(II) identify investments and 

19 strategies to manage transportation 

20 demand and increase the rates of pub21 lic transportation ridership, walking, 

22 bicycling, and carpools; and 

23 ‘‘(III) recommend zoning and 

24 other land use policies that would supVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 port infill, transit-oriented develop2 ment, and mixed use development. 

3 ‘‘(iii) VULNERABILITY ASSESSMENT.— 

4 A long-range transportation plan shall in5 corporate a vulnerability assessment that— 

6 ‘‘(I) includes a risk-based assess7 ment of vulnerabilities of critical 

8 transportation assets and systems to 

9 covered events (as such term is de10 fined in section 124 of title 23); 

11 ‘‘(II) considers, as applicable, the 

12 risk management analysis in the 

13 State’s asset management plan devel14 oped pursuant to section 119 of title 

15 23, and the State’s evaluation of rea16 sonable alternatives to repeatedly 

17 damaged facilities; 

18 ‘‘(III) identifies evacuation 

19 routes, assesses the ability of any 

20 such routes to provide safe passage 

21 for evacuation and emergency re22 sponse during an emergency event, 

23 and identifies any improvements or 

24 redundant facilities necessary to ade25 quately facilitate safe passage; 


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1 ‘‘(IV) describes the metropolitan 

2 planning organization’s adaptation 

3 and resilience improvement strategies 

4 that will inform the transportation in5 vestment decisions of the metropolitan 

6 planning organization; and 

7 ‘‘(V) is consistent with and com8 plementary of the State and local 

9 mitigation plans required under sec10 tion 322 of the Robert T. Stafford 

11 Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5165). 

13 ‘‘(iv) CONSULTATION.—The assess14 ment described in this subparagraph shall 

15 be developed in consultation, as appro16 priate, with State, local, and Tribal offi17 cials responsible for land use, housing, re18 silience, hazard mitigation, and emergency 

19 management.’’. 

20 (B) RESILIENCE PROJECTS.—Section 

21 5303(j)(3) of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(E) RESILIENCE PROJECTS.—The TIP 

24 shall— 


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1 ‘‘(i) identify projects that address the 

2 vulnerabilities identified by the assessment 

3 in subsection (i)(2)(I)(iii); and 

4 ‘‘(ii) describe how each project identi5 fied under clause (i) would improve the re6 silience of the transportation system.’’. 

7 (c) STATEWIDE AND NONMETROPOLITAN PLAN8 NING.— 

9 (1) AMENDMENTS TO TITLE 23.— 

10 (A) CLIMATE CHANGE AND RESILIENCE.— 

11 Section 135(f) of title 23, United States Code, 

12 is amended by adding at the end the following: 

13 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

14 ‘‘(A) IN GENERAL.—The transportation 

15 planning process shall assess strategies to re16 duce the climate change impacts of the surface 

17 transportation system and conduct a vulner18 ability assessment to identify opportunities to 

19 enhance the resilience of the surface transpor20 tation system and ensure the efficient use of 

21 Federal resources. 

22 ‘‘(B) CLIMATE CHANGE MITIGATION AND

23 IMPACTS.—A long-range transportation plan 

24 shall— 


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1 ‘‘(i) identify investments and strate2 gies to reduce transportation-related 

3 sources of greenhouse gas emissions per 

4 capita; 

5 ‘‘(ii) identify investments and strate6 gies to manage transportation demand and 

7 increase the rates of public transportation 

8 ridership, walking, bicycling, and carpools; 

9 and 

10 ‘‘(iii) recommend zoning and other 

11 land use policies that would support infill, 

12 transit-oriented development, and mixed 

13 use development. 

14 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

15 long-range transportation plan shall incorporate 

16 a vulnerability assessment that— 

17 ‘‘(i) includes a risk-based assessment 

18 of vulnerabilities of critical transportation 

19 assets and systems to covered events (as 

20 such term is defined in section 124); 

21 ‘‘(ii) considers, as applicable, the risk 

22 management analysis in the State’s asset 

23 management plan developed pursuant to 

24 section 119, and the State’s evaluation of 


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1 reasonable alternatives to repeatedly dam2 aged facilities; 

3 ‘‘(iii) identifies evacuation routes, as4 sesses the ability of any such routes to pro5 vide safe passage for evacuation and emer6 gency response during an emergency event, 

7 and identifies any improvements or redun8 dant facilities necessary to adequately fa9 cilitate safe passage; 

10 ‘‘(iv) describes the metropolitan plan11 ning organization’s adaptation and resil12 ience improvement strategies that will in13 form the transportation investment deci14 sions of the metropolitan planning organi15 zation; and 

16 ‘‘(v) is consistent with and com17 plementary of the State and local mitiga18 tion plans required under section 322 of 

19 the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 

21 5165). 

22 ‘‘(D) CONSULTATION.—The assessment 

23 described in this subparagraph shall be devel24 oped in consultation with, as appropriate, State, 

25 local, and Tribal officials responsible for land 


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1 use, housing, resilience, hazard mitigation, and 

2 emergency management.’’. 

3 (B) RESILIENCE PROJECTS.—Section 

4 135(g)(5)(B) of title 23, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(iii) RESILIENCE PROJECTS.—The 

7 STIP shall— 

8 ‘‘(I) identify projects that ad9 dress the vulnerabilities identified by 

10 the assessment in subsection 

11 (i)(10)(B); and 

12 ‘‘(II) describe how each project 

13 identified under subclause (I) would 

14 improve the resilience of the transpor15 tation system.’’. 

16 (2) AMENDMENTS TO TITLE 49.— 

17 (A) CLIMATE CHANGE AND RESILIENCE.— 

18 Section 5304(f) of title 49, United States Code, 

19 is amended by adding at the end the following: 

20 ‘‘(10) CLIMATE CHANGE AND RESILIENCE.— 

21 ‘‘(A) IN GENERAL.—The transportation 

22 planning process shall assess strategies to re23 duce the climate change impacts of the surface 

24 transportation system and conduct a vulner25 ability assessment to identify opportunities to 


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1 enhance the resilience of the surface transpor2 tation system and ensure the efficient use of 

3 Federal resources. 

4 ‘‘(B) CLIMATE CHANGE MITIGATION AND

5 IMPACTS.—A long-range transportation plan 

6 shall— 

7 ‘‘(i) identify investments and strate8 gies to reduce transportation-related 

9 sources of greenhouse gas emissions per 

10 capita; 

11 ‘‘(ii) identify investments and strate12 gies to manage transportation demand and 

13 increase the rates of public transportation 

14 ridership, walking, bicycling, and carpools; 

15 and 

16 ‘‘(iii) recommend zoning and other 

17 land use policies that would support infill, 

18 transit-oriented development, and mixed 

19 use development. 

20 ‘‘(C) VULNERABILITY ASSESSMENT.—A 

21 long-range transportation plan shall incorporate 

22 a vulnerability assessment that— 

23 ‘‘(i) includes a risk-based assessment 

24 of vulnerabilities of critical transportation 

25 assets and systems to covered events (as 


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1 such term is defined in section 124 of title 

2 23); 

3 ‘‘(ii) considers, as applicable, the risk 

4 management analysis in the State’s asset 

5 management plan developed pursuant to 

6 section 119 of title 23, and the State’s 

7 evaluation of reasonable alternatives to re8 peatedly damaged facilities; 

9 ‘‘(iii) identifies evacuation routes, as10 sesses the ability of any such routes to pro11 vide safe passage for evacuation and emer12 gency response during an emergency event, 

13 and identifies any improvements or redun14 dant facilities necessary to adequately fa15 cilitate safe passage; 

16 ‘‘(iv) describes the metropolitan plan17 ning organization’s adaptation and resil18 ience improvement strategies that will in19 form the transportation investment deci20 sions of the metropolitan planning organi21 zation; and 

22 ‘‘(v) is consistent with and com23 plementary of the State and local mitiga24 tion plans required under section 322 of 

25 the Robert T. Stafford Disaster Relief and 


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1 Emergency Assistance Act (42 U.S.C. 

2 5165). 

3 ‘‘(D) CONSULTATION.—The assessment 

4 described in this subparagraph shall be devel5 oped in consultation with, as appropriate, State, 

6 local, and Tribal officials responsible for land 

7 use, housing, resilience, hazard mitigation, and 

8 emergency management.’’. 

9 (B) RESILIENCE PROJECTS.—Section 

10 5304(g)(5)(B) of title 49, United States Code, 

11 is amended by adding at the end the following: 

12 ‘‘(iii) RESILIENCE PROJECTS.—The 

13 STIP shall— 

14 ‘‘(I) identify projects that ad15 dress the vulnerabilities identified by 

16 the assessment in subsection 

17 (i)(10)(B); and 

18 ‘‘(II) describe how each project 

19 identified under subclause (I) would 

20 improve the resilience of the transpor21 tation system.’’. 

22 SEC. 1203. EMERGENCY RELIEF. 

23 (a) IN GENERAL.—Section 125 of title 23, United 

24 States Code, is amended— 


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1 (1) in subsection (a)(1) by inserting ‘‘wildfire,’’ 

2 after ‘‘severe storm,’’; 

3 (2) by striking subsection (b); 

4 (3) in subsection (c)(2)(A) by striking ‘‘in any 

5 1 fiscal year commencing after September 30, 

6 1980,’’ and inserting ‘‘in any fiscal year’’; 

7 (4) in subsection (d)— 

8 (A) in paragraph (3)(C) by striking ‘‘sub9 section (e)(1)’’ and inserting ‘‘subsection (g)’’; 

10 (B) by redesignating paragraphs (3), (4), 

11 and (5) as paragraphs (4), (5), and (6), respec12 tively; and 

13 (C) by striking paragraphs (1) and (2) and 

14 inserting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary may expend 

16 funds from the emergency fund authorized by this 

17 section only for the repair or reconstruction of high18 ways on Federal-aid highways in accordance with 

19 this chapter. 

20 ‘‘(2) RESTRICTIONS.— 

21 ‘‘(A) IN GENERAL.—No funds shall be ex22 pended from the emergency fund authorized by 

23 this section unless— 

24 ‘‘(i) an emergency has been declared 

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1 rence by the Secretary, unless the Presi2 dent has declared the emergency to be a 

3 major disaster for the purposes of the Rob4 ert T. Stafford Disaster Relief and Emer5 gency Assistance Act (42 U.S.C. 5121 et 

6 seq.) for which concurrence of the Sec7 retary is not required; and 

8 ‘‘(ii) the Secretary has received an ap9 plication from the State transportation de10 partment that includes a comprehensive 

11 list of all eligible project sites and repair 

12 costs by not later than 6 years after the 

13 natural disaster or catastrophic failure. 

14 ‘‘(B) COST LIMITATION.—The total cost of 

15 a project funded under this section may not ex16 ceed the cost of repair or reconstruction of a 

17 comparable facility unless the Secretary deter18 mines that the project incorporates economi19 cally justified betterments, including protective 

20 features to increase the resilience of the facility. 

21 ‘‘(3) SPECIAL RULE FOR BRIDGE PROJECTS.— 

22 In no case shall funds be used under this section for 

23 the repair or reconstruction of a bridge— 

24 ‘‘(A) that has been permanently closed to 

25 all vehicular traffic by the State or responsible 


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1 local official because of imminent danger of col2 lapse due to a structural deficiency or physical 

3 deterioration; or 

4 ‘‘(B) if a construction phase of a replace5 ment structure is included in the approved 

6 statewide transportation improvement program 

7 at the time of an event described in subsection 

8 (a).’’; 

9 (5) in subsection (e)— 

10 (A) by striking paragraph (1); 

11 (B) in paragraph (2) by striking ‘‘sub12 section (d)(1)’’ and inserting ‘‘subsection 

13 (c)(1)’’; and 

14 (C) by redesignating paragraphs (2) and 

15 (3), as amended, as paragraphs (1) and (2), re16 spectively; 

17 (6) by redesignating subsections (c) through 

18 (g), as amended, as subsections (b) through (f), re19 spectively; and 

20 (7) by adding at the end the following: 

21 ‘‘(g) DEFINITIONS.—In this section: 

22 ‘‘(1) COMPARABLE FACILITY.—The term ‘com23 parable facility’ means a facility that meets the cur24 rent geometric and construction standards required 


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1 for the types and volume of traffic that the facility 

2 will carry over its design life. 

3 ‘‘(2) CONSTRUCTION PHASE.—The term ‘con4 struction phase’ means the phase of physical con5 struction of a highway or bridge facility that is sepa6 rate from any other identified phases, such as plan7 ning, design, or right-of-way phases, in the State 

8 transportation improvement program. 

9 ‘‘(3) OPEN TO PUBLIC TRAVEL.—The term 

10 ‘open to public travel’ means with respect to a road, 

11 that, except during scheduled periods, extreme 

12 weather conditions, or emergencies, the road— 

13 ‘‘(A) is maintained; 

14 ‘‘(B) is open to the general public; and 

15 ‘‘(C) can accommodate travel by a stand16 ard passenger vehicle, without restrictive gates 

17 or prohibitive signs or regulations, other than 

18 for general traffic control or restrictions based 

19 on size, weight, or class of registration. 

20 ‘‘(4) STANDARD PASSENGER VEHICLE.—The 

21 term ‘standard passenger vehicle’ means a vehicle 

22 with 6 inches of clearance from the lowest point of 

23 the frame, body, suspension, or differential to the 

24 ground.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) FEDERAL LANDS AND TRIBAL TRANSPOR2 TATION PROGRAMS.—Section 201(c)(8)(A) of title 

3 23, United States Code, is amended by striking 

4 ‘‘section 125(e)’’ and inserting ‘‘section 125(g)’’. 

5 (2) TRIBAL TRANSPORTATION PROGRAM.—Sec6 tion 202(b)(6)(A) of title 23, United States Code, is 

7 amended by striking ‘‘section 125(e)’’ and inserting 

8 ‘‘section 125(d)’’. 

9 SEC. 1204. RAILWAY CROSSINGS. 

10 (a) IN GENERAL.—Section 130 of title 23, United 

11 States Code, is amended— 

12 (1) in the section heading by striking ‘‘Rail13 way-highway crossings’’ and inserting ‘‘Rail14 way crossings’’; 

15 (2) in subsection (a)— 

16 (A) by striking ‘‘Subject to section 120 

17 and subsection (b) of this section, the entire’’ 

18 and inserting ‘‘IN GENERAL.—The’’; 

19 (B) by striking ‘‘then the entire’’ and in20 serting ‘‘the’’; and 

21 (C) by striking ‘‘, subject to section 120 

22 and subsection (b) of this section,’’; 

23 (3) by amending subsection (b) to read as fol24 lows: 

25 ‘‘(b) CLASSIFICATION.— 


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1 ‘‘(1) IN GENERAL.—The construction of 

2 projects for the elimination of hazards at railway 

3 crossings represents a benefit to the railroad. The 

4 Secretary shall classify the various types of projects 

5 involved in the elimination of hazards of railway6 highway crossings, and shall set for each such classi7 fication a percentage of the total project cost that 

8 represent the benefit to the railroad or railroads for 

9 the purpose of determining the railroad’s share of 

10 the total project cost. The Secretary shall determine 

11 the appropriate classification of each project. 

12 ‘‘(2) NONCASH CONTRIBUTIONS.— 

13 ‘‘(A) IN GENERAL.—Not more than 5 per14 cent of the cost share described in paragraph 

15 (1) may be attributable to noncash contribu16 tions of materials and labor furnished by the 

17 railroad in connection with the construction of 

18 such project. 

19 ‘‘(B) REQUIREMENT.—The requirements 

20 under section 200.306 and 200.403(g) of title 

21 2, Code of Federal Regulations (or successor 

22 regulations), shall apply to any noncash con23 tributions under this subsection. 

24 ‘‘(3) TOTAL PROJECT COST.—For the purposes 

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1 road’s share of the total project cost shall include 

2 environment, design, right-of-way, utility accommo3 dation, and construction phases of the project.’’; 

4 (4) in subsection (c)— 

5 (A) by striking ‘‘Any railroad involved’’ 

6 and inserting ‘‘BENEFIT.—Any railroad in7 volved’’; 

8 (B) by striking ‘‘the net benefit’’ and in9 serting ‘‘the cost associated with the benefit’’; 

10 and 

11 (C) by striking ‘‘Such payment may con12 sist in whole or in part of materials and labor 

13 furnished by the railroad in connection with the 

14 construction of such project.’’; 

15 (5) by striking subsection (e) and inserting the 

16 following: 

17 ‘‘(e) RAILWAY CROSSINGS.— 

18 ‘‘(1) ELIGIBLE ACTIVITIES.—Funds appor19 tioned to a State under section 104(b)(7) may be ob20 ligated for the following: 

21 ‘‘(A) The elimination of hazards at rail22 way-highway crossings, including technology or 

23 protective upgrades. 


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1 ‘‘(B) Construction (including installation 

2 and replacement) of protective devices at rail3 way-highway crossings. 

4 ‘‘(C) Infrastructure and noninfrastructure 

5 projects and strategies to prevent or reduce sui6 cide or trespasser fatalities and injuries along 

7 railroad rights-of-way and at or near railway8 highway crossings. 

9 ‘‘(D) Projects to mitigate any degradation 

10 in the level of access from a highway-grade 

11 crossing closure. 

12 ‘‘(E) Bicycle and pedestrian railway grade 

13 crossing improvements, including underpasses 

14 and overpasses. 

15 ‘‘(F) Projects eligible under section 

16 22907(c)(5) of title 49, provided that amounts 

17 obligated under this subparagraph— 

18 ‘‘(i) shall be administered by the Sec19 retary in accordance with such section as 

20 if such amounts were made available to 

21 carry out such section; and 

22 ‘‘(ii) may be used to pay up to 90 per23 cent of the non-Federal share of the cost 

24 of a project carried out under such section. 


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1 ‘‘(2) SPECIAL RULE.—If a State demonstrates 

2 to the satisfaction of the Secretary that the State 

3 has met all its needs for installation of protective de4 vices at railway-highway crossings, the State may 

5 use funds made available by this section for other 

6 highway safety improvement program purposes.’’; 

7 (6) by striking subsection (f) and inserting the 

8 following: 

9 ‘‘(f) FEDERAL SHARE.—Notwithstanding section 

10 120, the Federal share payable on account of any project 

11 financed with funds made available to carry out subsection 

12 (e) shall be up to 90 percent of the cost thereof.’’; 

13 (7) by striking subsection (g) and inserting the 

14 following: 

15 ‘‘(g) REPORT.— 

16 ‘‘(1) STATE REPORT.— 

17 ‘‘(A) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of the INVEST in 

19 America Act, and at least biennially thereafter, 

20 each State shall submit to the Secretary a re21 port on the progress being made to implement 

22 the railway crossings program authorized by 

23 this section and the effectiveness of such im24 provements. 


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1 ‘‘(B) CONTENTS.—Each State report 

2 under subparagraph (A) shall contain an as3 sessment of the costs of the various treatments 

4 employed and subsequent accident experience at 

5 improved locations. 

6 ‘‘(2) DEPARTMENTAL REPORT.— 

7 ‘‘(A) IN GENERAL.—Not later than 180 

8 days after the deadline for the submission of a 

9 report under paragraph (1)(A), the Secretary 

10 shall publish on the website of the Department 

11 of Transportation a report on the progress 

12 being made by the State in implementing 

13 projects to improve railway-highway crossings. 

14 ‘‘(B) CONTENTS.—The report under sub15 paragraph (A) shall include— 

16 ‘‘(i) the number of projects under17 taken; 

18 ‘‘(ii) distribution of such projects by 

19 cost range, road system, nature of treat20 ment, and subsequent accident experience 

21 at improved locations; 

22 ‘‘(iii) an analysis and evaluation of 

23 each State program; 

24 ‘‘(iv) the identification of any State 

25 found not to be in compliance with the 


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1 schedule of improvements required by sub2 section (d); and 

3 ‘‘(v) recommendations for future im4 plementation of the railway crossings pro5 gram.’’; 

6 (8) in subsection (j)— 

7 (A) in the heading by inserting ‘‘AND PE8 DESTRIAN’’ after ‘‘BICYCLE’’; and 

9 (B) by inserting ‘‘and pedestrian’’ after 

10 ‘‘bicycle’’; and 

11 (9) in subsection (l)— 

12 (A) in paragraph (1) by striking ‘‘Not 

13 later than’’ and all that follows through ‘‘each 

14 State’’ and inserting ‘‘Not later than 6 months 

15 after a new railway crossing becomes oper16 ational, each State’’; and 

17 (B) in paragraph (2) by striking ‘‘On a 

18 periodic’’ and all that follows through ‘‘every 

19 year thereafter’’ and inserting ‘‘On or before 

20 September 30 of each year’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code, is amended by 

23 amending the item relating to section 130 to read as fol24 lows: 

‘‘130. Railway crossings.’’. 


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1 (c) GAO STUDY.—Not later than 2 years after the 

2 date of enactment of this Act, the Comptroller General 

3 of the United States shall submit to Congress a report 

4 that includes an analysis of the effectiveness of the railway 

5 crossing program under section 130 of title 23, United 

6 States Code. 

7 (d) SENSE OF CONGRESS RELATING TO TRESPASSER

8 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the 

9 sense of Congress that the Department of Transportation 

10 should, where feasible, coordinate departmental efforts to 

11 prevent or reduce trespasser deaths along railroad rights12 of-way and at or near railway-highway crossings. 

13 SEC. 1205. SURFACE TRANSPORTATION PROGRAM. 

14 (a) IN GENERAL.—Section 133 of title 23, United 

15 States Code, is amended— 

16 (1) in the heading by striking ‘‘block grant’’; 

17 (2) in subsection (a) by striking ‘‘block grant’’; 

18 (3) in subsection (b)— 

19 (A) by striking ‘‘block grant’’; 

20 (B) in paragraph (4) by striking ‘‘railway21 highway grade crossings’’ and inserting 

22 ‘‘projects eligible under section 130 and instal23 lation of safety barriers and nets on bridges’’; 

24 (C) in paragraph (6)— 


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1 (i) by striking ‘‘Recreational’’ and in2 serting ‘‘Transportation alternatives 

3 projects eligible under subsection (h), rec4 reational’’; and 

5 (ii) by striking ‘‘1404 of SAFETEA– 

6 LU (23 U.S.C. 402 note)’’ and inserting 

7 ‘‘211’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(16) Protective features (including natural in10 frastructure) to enhance the resiliency of a transpor11 tation facility otherwise eligible for assistance under 

12 this section. 

13 ‘‘(17) Projects to reduce greenhouse gas emis14 sions eligible under section 171, including the instal15 lation of electric vehicle charging infrastructure. 

16 ‘‘(18) Projects and strategies to reduce vehicle17 caused wildlife mortality related to, or to restore and 

18 maintain connectivity among terrestrial or aquatic 

19 habitats affected by, a transportation facility other20 wise eligible for assistance under this section.’’; 

21 (4) in subsection (c)— 

22 (A) by striking ‘‘block grant’’ and inserting 

23 ‘‘program’’; 

24 (B) by striking paragraph (3) and insert25 ing the following: 


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1 ‘‘(3) for a project described in— 

2 ‘‘(A) subsection (h); or 

3 ‘‘(B) section 101(a)(29), as in effect on 

4 the day before the date of enactment of the 

5 FAST Act;’’; 

6 (C) by redesignating paragraph (4) as 

7 paragraph (5); and 

8 (D) by inserting after paragraph (3) the 

9 following: 

10 ‘‘(4) for a project described in section 5308 of 

11 title 49; and’’; 

12 (5) in subsection (d)— 

13 (A) in paragraph (1)— 

14 (i) by inserting ‘‘each fiscal year’’ 

15 after ‘‘apportioned to a State’’; 

16 (ii) by striking ‘‘the reservation of’’ 

17 and inserting ‘‘setting aside’’; and 

18 (iii) in subparagraph (A)— 

19 (I) by striking ‘‘the percentage 

20 specified in paragraph (6) for a fiscal 

21 year’’ and inserting ‘‘55 percent’’; 

22 (II) in clause (i) by striking ‘‘of 

23 over’’ and inserting ‘‘greater than’’; 

24 and 


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1 (III) by striking clauses (ii) and 

2 (iii) and inserting the following: 

3 ‘‘(ii) in urbanized areas of the State 

4 with an urbanized area population greater 

5 than 49,999 and less than 200,001; 

6 ‘‘(iii) in urban areas of the State with 

7 a population greater than 4,999 and less 

8 than 50,000; and 

9 ‘‘(iv) in other areas of the State with 

10 a population less than 5,000; and’’; 

11 (B) by striking paragraph (3) and insert12 ing the following: 

13 ‘‘(3) LOCAL COORDINATION AND CONSULTA14 TION.— 

15 ‘‘(A) COORDINATION WITH METROPOLITAN

16 PLANNING ORGANIZATIONS.—For purposes of 

17 paragraph (1)(A)(ii), a State shall— 

18 ‘‘(i) establish a process to coordinate 

19 with all metropolitan planning organiza20 tions in the State that represent an urban21 ized area described in such paragraph; and 

22 ‘‘(ii) describe how funds described 

23 under paragraph (1)(A)(ii) will be allo24 cated equitably among such urbanized 


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1 areas during the period of fiscal years 

2 2022 through 2025. 

3 ‘‘(B) JOINT RESPONSIBILITY.—Each State 

4 and the Secretary shall jointly ensure compli5 ance with subparagraph (A). 

6 ‘‘(C) CONSULTATION WITH REGIONAL

7 TRANSPORTATION PLANNING ORGANIZA8 TIONS.—For purposes of clauses (iii) and (iv) 

9 of paragraph (1)(A), before obligating funding 

10 attributed to an area with a population less 

11 than 50,000, a State shall consult with the re12 gional transportation planning organizations 

13 that represent the area, if any.’’; 

14 (C) in the heading for paragraph (4) by 

15 striking ‘‘OVER 200,000’’ and inserting ‘‘GREAT16 ER THAN 200,000’’; 

17 (D) by striking paragraph (6) and insert18 ing the following: 

19 ‘‘(6) TECHNICAL ASSISTANCE.— 

20 ‘‘(A) IN GENERAL.—The State and all 

21 metropolitan planning organizations in the 

22 State that represent an urbanized area with a 

23 population of greater than 200,000 shall jointly 

24 establish a program to improve the ability of 

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1 section in an efficient and expeditious manner 

2 and reduce the period of time between the selec3 tion of the project and the obligation of funds 

4 for the project by providing— 

5 ‘‘(i) technical assistance and training 

6 to applicants for projects under this sub7 section; and 

8 ‘‘(ii) funding for 1 or more full-time 

9 State employee positions to administer this 

10 subsection. 

11 ‘‘(B) ELIGIBLE FUNDS.—To carry out this 

12 paragraph— 

13 ‘‘(i) a State shall set aside an amount 

14 equal to 1 percent of the funds available 

15 under paragraph (1)(A)(i); and 

16 ‘‘(ii) at the request of an eligible met17 ropolitan planning organization, the State 

18 and metropolitan planning organization 

19 may jointly agree to use additional funds 

20 available under paragraph (1)(A)(i). 

21 ‘‘(C) USE OF FUNDS.—Amounts used 

22 under this paragraph may be expended— 

23 ‘‘(i) directly by the State; or 


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1 ‘‘(ii) through contracts with State 

2 agencies, private entities, or nonprofit or3 ganizations.’’; 

4 (6) in subsection (e)(1)— 

5 (A) by striking ‘‘over 200,000’’ and insert6 ing ‘‘greater than 200,000’’; and 

7 (B) by striking ‘‘2016 through 2020’’ and 

8 inserting ‘‘2022 through 2025’’; 

9 (7) by striking subsection (f) and inserting the 

10 following: 

11 ‘‘(f) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

12 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—In 

13 this subsection, the term ‘off-system bridge’ means 

14 a bridge located on a public road, other than a 

15 bridge on a Federal-aid highway. 

16 ‘‘(2) SPECIAL RULE.— 

17 ‘‘(A) SET ASIDE.—Of the amounts appor18 tioned to a State for each fiscal year under this 

19 section other than the amounts described in 

20 subparagraph (C), the State shall obligate for 

21 activities described in subsection (b)(2) (as in 

22 effect on the day before the date of enactment 

23 of the FAST Act) for off-system bridges an 

24 amount that is not less than 20 percent of the 


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1 amounts available to such State in fiscal year 

2 2020. 

3 ‘‘(B) REDUCTION OF EXPENDITURES.— 

4 The Secretary, after consultation with State 

5 and local officials, may reduce the requirement 

6 for expenditures for off-system bridges under 

7 subparagraph (A) with respect to the State if 

8 the Secretary determines that the State has in9 adequate needs to justify the expenditure. 

10 ‘‘(C) LIMITATIONS.—The following 

11 amounts shall not be used for the purposes of 

12 meeting the requirements of subparagraph (A): 

13 ‘‘(i) Amounts described in section 

14 133(d)(1)(A). 

15 ‘‘(ii) Amounts set aside under section 

16 133(h). 

17 ‘‘(iii) Amounts described in section 

18 505(a). 

19 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL20 AID HIGHWAYS.—Notwithstanding any other provi21 sion of law, with respect to any project not on a 

22 Federal-aid highway for the replacement of a bridge 

23 or rehabilitation of a bridge that is wholly funded 

24 from State and local sources, is eligible for Federal 

25 funds under this section, is certified by the State to 


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1 have been carried out in accordance with all stand2 ards applicable to such projects under this section, 

3 and is determined by the Secretary upon completion 

4 to be no longer a deficient bridge— 

5 ‘‘(A) any amount expended after the date 

6 of enactment of this subsection from State and 

7 local sources for the project in excess of 20 per8 cent of the cost of construction of the project 

9 may be credited to the non-Federal share of the 

10 cost of other bridge projects in the State that 

11 are eligible for Federal funds under this sec12 tion; and 

13 ‘‘(B) that crediting shall be conducted in 

14 accordance with procedures established by the 

15 Secretary.’’; and 

16 (8) in subsection (g)(1)— 

17 (A) by striking ‘‘subsection (d)(1)(A)(ii) 

18 for each of fiscal years 2016 through 2020’’ 

19 and inserting ‘‘subsection (d)(1)(A)(iv) for each 

20 fiscal year’’; 

21 (B) by inserting ‘‘rural’’ after ‘‘functionally 

22 classified as’’; and 

23 (C) by inserting ‘‘or on critical rural 

24 freight corridors designated under section 

25 167(e)’’ after ‘‘minor collectors’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 1 of title 23, United States Code, is amended by strik3 ing the item relating to section 133 and inserting the fol4 lowing: 

‘‘133. Surface transportation program.’’. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) ADVANCE ACQUISITION OF REAL PROP7 ERTY.—Section 108(c) of title 23, United States 

8 Code, is amended— 

9 (A) in paragraph (2)(A) by striking ‘‘block 

10 grant’’; and 

11 (B) in paragraph (3) by striking ‘‘block 

12 grant’’. 

13 (2) NONDISCRIMINATION.—Section 140(b) of 

14 title 23, United States Code, is amended by striking 

15 ‘‘block grant’’. 

16 (3) PUBLIC TRANSPORTATION.—Section 

17 142(e)(2) of title 23, United States Code, is amend18 ed by striking ‘‘block grant’’. 

19 (4) HIGHWAY USE TAX EVASION PROJECTS.— 

20 Section 143(b)(8) of title 23, United States Code, is 

21 amended in the heading by striking ‘‘BLOCK

22 GRANT’’. 

23 (5) CONGESTION MITIGATION AND AIR QUALITY

24 IMPROVEMENT PROGRAM.—Section 149(d) of title 

25 23, United States Code, is amended— 


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1 (A) in paragraph (1)(B) by striking ‘‘block 

2 grant’’; and 

3 (B) in paragraph (2)(A) by striking ‘‘block 

4 grant’’. 

5 (6) TERRITORIAL AND PUERTO RICO HIGHWAY

6 PROGRAM.—Section 165 of title 23, United States 

7 Code, is amended— 

8 (A) in subsection (b)(2)(A)(ii) by striking 

9 ‘‘block grant’’; and 

10 (B) in subsection (c)(6)(A)(i) by striking 

11 ‘‘block grant’’. 

12 (7) MAGNETIC LEVITATION TRANSPORTATION

13 TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

14 322(h)(3) of title 23, United States Code, is amend15 ed by striking ‘‘block grant’’. 

16 (8) TRAINING AND EDUCATION.—Section 

17 504(a)(4) of title 23, United States Code, is amend18 ed by striking ‘‘block grant’’. 

19 SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM. 

20 Section 133(h) of title 23, United States Code, is 

21 amended to read as follows: 

22 ‘‘(h) TRANSPORTATION ALTERNATIVES PROGRAM

23 SET-ASIDE.— 

24 ‘‘(1) SET ASIDE.—For each fiscal year, of the 

25 total funds apportioned to all States under section 


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1 104(b)(2) for a fiscal year, the Secretary shall set 

2 aside an amount such that— 

3 ‘‘(A) the Secretary sets aside a total 

4 amount under this subsection for a fiscal year 

5 equal to 10 percent of such total funds; and 

6 ‘‘(B) the State’s share of the amount set 

7 aside under subparagraph (A) is determined by 

8 multiplying the amount set aside under sub9 paragraph (A) by the ratio that— 

10 ‘‘(i) the amount apportioned to the 

11 State for the transportation enhancement 

12 program for fiscal year 2009 under section 

13 133(d)(2), as in effect on the day before 

14 the date of enactment of MAP–21; bears 

15 to 

16 ‘‘(ii) the total amount of funds appor17 tioned to all States for the transportation 

18 enhancements program for fiscal year 

19 2009. 

20 ‘‘(2) ALLOCATION WITHIN A STATE.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), funds set aside for a State 

23 under paragraph (1) shall be obligated within 

24 that State in the manner described in sub25 section (d), except that, for purposes of this 


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1 paragraph (after funds are made available 

2 under paragraph (5))— 

3 ‘‘(i) for each fiscal year, the percent4 age referred to in paragraph (1)(A) of sub5 section (d) shall be deemed to be 66 per6 cent; and 

7 ‘‘(ii) paragraph (3) of subsection (d) 

8 shall not apply. 

9 ‘‘(B) LOCAL CONTROL.— 

10 ‘‘(i) IN GENERAL.—A State may make 

11 available up to 100 percent of the funds 

12 set aside under paragraph (1) to the enti13 ties described in subclause (I) if the State 

14 submits to the Secretary, and the Sec15 retary approves, a plan that describes— 

16 ‘‘(I) how such funds shall be 

17 made available to metropolitan plan18 ning organizations, regional transpor19 tation planning organizations, coun20 ties, or other regional transportation 

21 authorities; 

22 ‘‘(II) how the entities described 

23 in subclause (I) shall select projects 

24 for funding and how such entities 


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1 shall report selected projects to the 

2 State; 

3 ‘‘(III) the legal, financial, and 

4 technical capacity of such entities; and 

5 ‘‘(IV) the procedures in place to 

6 ensure such entities comply with the 

7 requirements of this title. 

8 ‘‘(ii) REQUIREMENT.—A State that 

9 makes funding available under a plan ap10 proved under this subparagraph shall make 

11 available an equivalent amount of obliga12 tion authority to the entities described in 

13 clause (i)(I). 

14 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside 

15 under this subsection may be obligated for any of 

16 the following projects or activities: 

17 ‘‘(A) Construction, planning, and design of 

18 on-road and off-road trail facilities for pedes19 trians, bicyclists, and other nonmotorized forms 

20 of transportation, including sidewalks, bicycle 

21 infrastructure, pedestrian and bicycle signals, 

22 traffic calming techniques, lighting and other 

23 safety-related infrastructure, and transportation 

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1 cans with Disabilities Act of 1990 (42 U.S.C. 

2 12101 et seq.). 

3 ‘‘(B) Construction, planning, and design of 

4 infrastructure-related projects and systems that 

5 will provide safe routes for nondrivers, includ6 ing children, older adults, and individuals with 

7 disabilities to access daily needs. 

8 ‘‘(C) Conversion and use of abandoned 

9 railroad corridors for trails for pedestrians, 

10 bicyclists, or other nonmotorized transportation 

11 users. 

12 ‘‘(D) Construction of turnouts, overlooks, 

13 and viewing areas. 

14 ‘‘(E) Community improvement activities, 

15 including— 

16 ‘‘(i) inventory, control, or removal of 

17 outdoor advertising; 

18 ‘‘(ii) historic preservation and reha19 bilitation of historic transportation facili20 ties; 

21 ‘‘(iii) vegetation management prac22 tices in transportation rights-of-way to im23 prove roadway safety, prevent against 

24 invasive species, and provide erosion con25 trol; and 


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1 ‘‘(iv) archaeological activities relating 

2 to impacts from implementation of a trans3 portation project eligible under this title. 

4 ‘‘(F) Any environmental mitigation activ5 ity, including pollution prevention and pollution 

6 abatement activities and mitigation to address 

7 stormwater management, control, and water 

8 pollution prevention or abatement related to 

9 highway construction or due to highway runoff, 

10 including activities described in sections 328(a) 

11 and 329. 

12 ‘‘(G) Projects and strategies to reduce ve13 hicle-caused wildlife mortality related to, or to 

14 restore and maintain connectivity among terres15 trial or aquatic habitats affected by, a transpor16 tation facility otherwise eligible for assistance 

17 under this subsection. 

18 ‘‘(H) The recreational trails program 

19 under section 206. 

20 ‘‘(I) The safe routes to school program 

21 under section 211. 

22 ‘‘(J) Activities in furtherance of a vulner23 able road user assessment described in section 

24 148. 


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1 ‘‘(K) Any other projects or activities de2 scribed in section 101(a)(29) or section 213, as 

3 such sections were in effect on the day before 

4 the date of enactment of the FAST Act (Public 

5 Law 114–94). 

6 ‘‘(4) ACCESS TO FUNDS.— 

7 ‘‘(A) IN GENERAL.—A State or metropoli8 tan planning organization required to obligate 

9 funds in accordance with paragraph (2) shall 

10 develop a competitive process to allow eligible 

11 entities to submit projects for funding that 

12 achieve the objectives of this subsection. A met13 ropolitan planning organization for an area de14 scribed in subsection (d)(1)(A)(i) shall select 

15 projects under such process in consultation with 

16 the relevant State. 

17 ‘‘(B) ELIGIBLE ENTITY DEFINED.—In this 

18 paragraph, the term ‘eligible entity’ means— 

19 ‘‘(i) a local government; 

20 ‘‘(ii) a regional transportation author21 ity; 

22 ‘‘(iii) a transit agency; 

23 ‘‘(iv) a natural resource or public land 

24 agency; 


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1 ‘‘(v) a school district, local education 

2 agency, or school; 

3 ‘‘(vi) a tribal government; 

4 ‘‘(vii) a metropolitan planning organi5 zation that serves an urbanized area with 

6 a population of 200,000 or fewer; 

7 ‘‘(viii) a nonprofit organization car8 rying out activities related to transpor9 tation; 

10 ‘‘(ix) any other local or regional gov11 ernmental entity with responsibility for or 

12 oversight of transportation or recreational 

13 trails (other than a metropolitan planning 

14 organization that serves an urbanized area 

15 with a population of over 200,000 or a 

16 State agency) that the State determines to 

17 be eligible, consistent with the goals of this 

18 subsection; and 

19 ‘‘(x) a State, at the request of any en20 tity listed in clauses (i) through (x). 

21 ‘‘(5) CONTINUATION OF CERTAIN REC22 REATIONAL TRAILS PROJECTS.— 

23 ‘‘(A) IN GENERAL.—For each fiscal year, a 

24 State shall— 


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1 ‘‘(i) obligate an amount of funds set 

2 aside under this subsection equal to 175 

3 percent of the amount of the funds appor4 tioned to the State for fiscal year 2009 

5 under section 104(h)(2), as in effect on the 

6 day before the date of enactment of MAP– 

7 21, for projects relating to recreational 

8 trails under section 206; 

9 ‘‘(ii) return 1 percent of the funds de10 scribed in clause (i) to the Secretary for 

11 the administration of such program; and 

12 ‘‘(iii) comply with the provisions of 

13 the administration of the recreational trails 

14 program under section 206, including the 

15 use of apportioned funds described in sub16 section (d)(3)(A) of such section. 

17 ‘‘(B) STATE FLEXIBILITY.—A State may 

18 opt out of the recreational trails program under 

19 this paragraph if the Governor of the State no20 tifies the Secretary not later than 30 days prior 

21 to the date on which an apportionment is made 

22 under section 104 for any fiscal year. 

23 ‘‘(6) IMPROVING ACCESSIBILITY AND EFFI24 CIENCY.— 


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1 ‘‘(A) IN GENERAL.—A State may use an 

2 amount equal to not more than 5 percent of the 

3 funds set aside for the State under this sub4 section, after allocating funds in accordance 

5 with paragraph (2)(A), to improve the ability of 

6 applicants to access funding for projects under 

7 this subsection in an efficient and expeditious 

8 manner by providing— 

9 ‘‘(i) to applicants for projects under 

10 this subsection application assistance, tech11 nical assistance, and assistance in reducing 

12 the period of time between the selection of 

13 the project and the obligation of funds for 

14 the project; and 

15 ‘‘(ii) funding for 1 or more full-time 

16 State employee positions to administer this 

17 subsection. 

18 ‘‘(B) USE OF FUNDS.—Amounts used 

19 under subparagraph (A) may be expended— 

20 ‘‘(i) directly by the State; or 

21 ‘‘(ii) through contracts with State 

22 agencies, private entities, or nonprofit enti23 ties. 

24 ‘‘(7) FEDERAL SHARE.— 

25 ‘‘(A) FLEXIBLE MATCH.— 


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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 section 120— 

3 ‘‘(I) the non-Federal share for a 

4 project under this subsection may be 

5 calculated on a project, multiple6 project, or program basis; and 

7 ‘‘(II) the Federal share of the 

8 cost of an individual project in this 

9 subsection may be up to 100 percent. 

10 ‘‘(ii) AGGREGATE NON-FEDERAL

11 SHARE.—The average annual non-Federal 

12 share of the total cost of all projects for 

13 which funds are obligated under this sub14 section in a State for a fiscal year shall be 

15 not less than the non-Federal share au16 thorized for the State under section 

17 120(b). 

18 ‘‘(iii) REQUIREMENT.—This subpara19 graph shall only apply to a State if such 

20 State has adequate financial controls, as 

21 certified by the Secretary, to account for 

22 the average annual non-Federal share 

23 under this subparagraph. 

24 ‘‘(B) SAFETY PROJECTS.—Notwith25 standing section 120, funds made available to 


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1 carry out section 148 may be credited toward 

2 the non-Federal share of the costs of a project 

3 under this subsection if the project— 

4 ‘‘(i) is a project described in section 

5 148(e)(1); and 

6 ‘‘(ii) is consistent with the State stra7 tegic highway safety plan (as defined in 

8 section 148(a)). 

9 ‘‘(8) FLEXIBILITY.— 

10 ‘‘(A) STATE AUTHORITY.— 

11 ‘‘(i) IN GENERAL.—A State may use 

12 not more than 50 percent of the funds set 

13 aside under this subsection that are avail14 able for obligation in any area of the State 

15 (suballocated consistent with the require16 ments of subsection (d)(1)(B)) for any 

17 purpose eligible under subsection (b). 

18 ‘‘(ii) RESTRICTION.—Funds may be 

19 used as described in clause (i) only if the 

20 State demonstrates to the Secretary that 

21 the State— 

22 ‘‘(I) held a competition in compli23 ance with the requirements of this 

24 subsection in such form as the Sec25 retary determines appropriate; 


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1 ‘‘(II) offered technical assistance 

2 to all eligible entities and provided 

3 such assistance upon request by an el4 igible entity; and 

5 ‘‘(III) demonstrates that there 

6 were not sufficient suitable applica7 tions from eligible entities to use the 

8 funds described in clause (i). 

9 ‘‘(B) MPO AUTHORITY.— 

10 ‘‘(i) IN GENERAL.—A metropolitan 

11 planning organization that represents an 

12 urbanized area with a population of great13 er than 200,000 may use not more than 

14 50 percent of the funds set aside under 

15 this subsection for an urbanized area de16 scribed in subsection (d)(1)(A)(i) for any 

17 purpose eligible under subsection (b). 

18 ‘‘(ii) RESTRICTION.—Funds may be 

19 used as described in clause (i) only if the 

20 Secretary certifies that the metropolitan 

21 planning organization— 

22 ‘‘(I) held a competition in compli23 ance with the requirements of this 

24 subsection in such form as the Sec25 retary determines appropriate; and 


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1 ‘‘(II) demonstrates that there 

2 were not sufficient suitable applica3 tions from eligible entities to use the 

4 funds described in clause (i). 

5 ‘‘(9) ANNUAL REPORTS.— 

6 ‘‘(A) IN GENERAL.—Each State or metro7 politan planning organization responsible for 

8 carrying out the requirements of this subsection 

9 shall submit to the Secretary an annual report 

10 that describes— 

11 ‘‘(i) the number of project applica12 tions received for each fiscal year, includ13 ing— 

14 ‘‘(I) the aggregate cost of the 

15 projects for which applications are re16 ceived; and 

17 ‘‘(II) the types of projects to be 

18 carried out, expressed as percentages 

19 of the total apportionment of the 

20 State under this subsection; and 

21 ‘‘(ii) the list of each project selected 

22 for funding for each fiscal year, including 

23 specifying the fiscal year for which the 

24 project was selected, the fiscal year in 

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1 ed, the recipient, the location, the type, 

2 and a brief description. 

3 ‘‘(B) PUBLIC AVAILABILITY.—The Sec4 retary shall make available to the public, in a 

5 user-friendly format on the website of the De6 partment of Transportation, a copy of each an7 nual report submitted under subparagraph 

8 (A).’’. 

9 SEC. 1207. BRIDGE INVESTMENT. 

10 (a) IN GENERAL.—Section 144 of title 23, United 

11 States Code, is amended— 

12 (1) in the section heading by striking ‘‘Na13 tional bridge and tunnel inventory and 

14 inspection standards’’ and inserting 

15 ‘‘Bridges and tunnels’’; 

16 (2) in subsection (a)(1)(B) by striking ‘‘defi17 cient’’; 

18 (3) in subsection (b)(5) by striking ‘‘struc19 turally deficient bridge’’ and inserting ‘‘bridge classi20 fied as in poor condition’’; 

21 (4) in subsection (d)— 

22 (A) in paragraph (2) by striking ‘‘Not 

23 later than 2 years after the date of enactment 

24 of the MAP–21, each’’ and inserting ‘‘Each’’; 

25 and 


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1 (B) by striking paragraph (4); 

2 (5) in subsection (j)— 

3 (A) in paragraph (2) by inserting ‘‘, 124,’’ 

4 after ‘‘section 119’’; 

5 (B) in paragraph (3)(A) by inserting ‘‘, 

6 124,’’ after ‘‘section 119’’; and 

7 (C) in paragraph (5) by striking ‘‘financial 

8 characteristics’’ and all that follows through the 

9 end and inserting ‘‘Federal share.’’; and 

10 (6) by adding at the end the following: 

11 ‘‘(l) HIGHWAY BRIDGE REPLACEMENT AND REHA12 BILITATION.— 

13 ‘‘(1) GOALS.—The goals of this subsection shall 

14 be to— 

15 ‘‘(A) support the achievement of a state of 

16 good repair for the Nation’s bridges; 

17 ‘‘(B) improve the safety, efficiency, and re18 liability of the movement of people and freight 

19 over bridges; and 

20 ‘‘(C) improve the condition of bridges in 

21 the United States by reducing— 

22 ‘‘(i) the number of bridges— 

23 ‘‘(I) in poor condition; or 

24 ‘‘(II) in fair condition and at risk 

25 of falling into poor condition; 


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1 ‘‘(ii) the total person miles traveled 

2 over bridges— 

3 ‘‘(I) in poor condition; or 

4 ‘‘(II) in fair condition and at risk 

5 of falling into poor condition; 

6 ‘‘(iii) the number of bridges that— 

7 ‘‘(I) do not meet current geo8 metric design standards; or 

9 ‘‘(II) cannot meet the load and 

10 traffic requirements typical of the re11 gional transportation network; and 

12 ‘‘(iv) the total person miles traveled 

13 over bridges that— 

14 ‘‘(I) do not meet current geo15 metric design standards; or 

16 ‘‘(II) cannot meet the load and 

17 traffic requirements typical of the re18 gional transportation network. 

19 ‘‘(2) BRIDGES ON PUBLIC ROADS.— 

20 ‘‘(A) MINIMUM BRIDGE INVESTMENT.— 

21 Excluding the amounts described in subpara22 graph (C), of the total funds apportioned to a 

23 State under paragraphs (1) and (2) of section 

24 104(b) for fiscal years 2022 to 2025, a State 


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1 shall obligate not less than 20 percent for 

2 projects described in subparagraph (E). 

3 ‘‘(B) PROGRAM FLEXIBILITY.—A State re4 quired to obligate funds under subparagraph 

5 (A) may use any combination of funds appor6 tioned to a State under paragraphs (1) and (2) 

7 of section 104(b). 

8 ‘‘(C) LIMITATION.—Amounts described 

9 below may not be used for the purposes of cal10 culating or meeting the minimum bridge invest11 ment requirement under subparagraph (A)— 

12 ‘‘(i) amounts described in section 

13 133(d)(1)(A); 

14 ‘‘(ii) amounts set aside under section 

15 133(h); and 

16 ‘‘(iii) amounts described in section 

17 505(a). 

18 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

19 in this section shall be construed to prohibit the 

20 expenditure of funds described in subparagraph 

21 (C) for bridge projects eligible under such sec22 tion. 

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1 graph (2)(A) may be obligated for projects or 

2 activities that— 

3 ‘‘(i) are otherwise eligible under either 

4 section 119 or section 133, as applicable; 

5 ‘‘(ii) support the achievement of per6 formance targets of the State established 

7 under section 150 or provide support for 

8 the condition and performance of bridges 

9 on public roads within the State; and 

10 ‘‘(iii) replace, reconstruct, rehabilitate, 

11 preserve, or protect a bridge included on 

12 the national bridge inventory authorized by 

13 subsection (b), including through— 

14 ‘‘(I) seismic retrofits; 

15 ‘‘(II) systematic preventive main16 tenance; 

17 ‘‘(III) installation of scour coun18 termeasures; 

19 ‘‘(IV) the use of innovative mate20 rials that extend the service life of the 

21 bridge and reduce preservation costs, 

22 as compared to conventionally de23 signed and constructed bridges; 


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1 ‘‘(V) the use of nontraditional 

2 production techniques, including fac3 tory prefabrication; 

4 ‘‘(VI) painting for purposes of 

5 bridge protection; 

6 ‘‘(VII) application of calcium 

7 magnesium acetate, sodium acetate/ 

8 formate, or other environmentally ac9 ceptable, minimally corrosive anti10 icing and deicing compositions; 

11 ‘‘(VIII) corrosion control; 

12 ‘‘(IX) construction of protective 

13 features (including natural infrastruc14 ture) alone or in combination with 

15 other activities eligible under this 

16 paragraph to enhance resilience of a 

17 bridge; 

18 ‘‘(X) bridge security counter19 measures; 

20 ‘‘(XI) impact protection meas21 ures for bridges; 

22 ‘‘(XII) inspection and evaluation 

23 of bridges; and 

24 ‘‘(XIII) training for bridge in25 spectors consistent with subsection (i). 


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1 ‘‘(F) BUNDLES OF PROJECTS.—A State 

2 may use a bundle of projects as described in 

3 subsection (j) to satisfy the requirements of 

4 subparagraph (A), if each project in the bundle 

5 is otherwise eligible under subparagraph (E). 

6 ‘‘(G) FLEXIBILITY.—The Secretary may, 

7 at the request of a State, reduce the required 

8 obligation under subparagraph (A) if— 

9 ‘‘(i) the reduction is consistent with a 

10 State’s asset management plan for the Na11 tional Highway System; 

12 ‘‘(ii) the reduction will not limit a 

13 State’s ability to meet its performance tar14 gets under section 150 or to improve the 

15 condition and performance of bridges on 

16 public roads within the State; and 

17 ‘‘(iii) the State demonstrates that it 

18 has inadequate needs to justify the expend19 iture. 

20 ‘‘(H) BRIDGE INVESTMENT REPORT.—The 

21 Secretary shall annually publish on the website 

22 of the Department of Transportation a bridge 

23 investment report that includes— 

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1 cent fiscal year, on a State-by-State basis 

2 and broken out by Federal program; 

3 ‘‘(ii) the total Federal funding obli4 gated, on a State-by-State basis and bro5 ken out by Federal program, for bridge 

6 projects carried out pursuant to the min7 imum bridge investment requirements 

8 under subparagraph (A); 

9 ‘‘(iii) the progress made by each State 

10 toward meeting the minimum bridge in11 vestment requirement under subparagraph 

12 (A) for such State, both cumulatively and 

13 for the most recent fiscal year; 

14 ‘‘(iv) a summary of— 

15 ‘‘(I) each request made under 

16 subparagraph (G) by a State for a re17 duction in the minimum bridge invest18 ment requirement under subpara19 graph (A); and 

20 ‘‘(II) for each request described 

21 in subclause (I) that is granted by the 

22 Secretary— 

23 ‘‘(aa) the percentage and 

24 dollar amount of the reduction; 

25 and 


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1 ‘‘(bb) an explanation of how 

2 the State met each of the criteria 

3 described in subparagraph (G); 

4 and 

5 ‘‘(v) a summary of— 

6 ‘‘(I) each request made by a 

7 State for a reduction in the obligation 

8 requirements under section 133(f); 

9 and 

10 ‘‘(II) for each request that is 

11 granted by the Secretary— 

12 ‘‘(aa) the percentage and 

13 dollar amount of the reduction; 

14 and 

15 ‘‘(bb) an explanation of how 

16 the Secretary made the deter17 mination under section 

18 133(f)(2)(B). 

19 ‘‘(I) OFF-SYSTEM BRIDGES.—A State may 

20 apply amounts obligated under this subsection 

21 or section 133(f)(2)(A) to the obligation re22 quirements of both this subsection and section 

23 133(f). 

24 ‘‘(J) NHS PENALTY.—A State may apply 

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1 tion 119(f)(2) to the obligation requirements of 

2 both this subsection and section 119(f)(2). 

3 ‘‘(K) COMPLIANCE.—If a State fails to 

4 satisfy the requirements of subparagraph (A) 

5 by the end of fiscal year 2025, the Secretary 

6 may subject the State to appropriate program 

7 sanctions under section 1.36 of title 23, Code of 

8 Federal Regulations (or successor regula9 tions).’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 1 of title 23, United States Code, is amended by strik12 ing the item relating to section 144 and inserting the fol13 lowing: 

‘‘144. Bridges and tunnels.’’. 

14 SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY 

15 TERMINAL FACILITIES. 

16 Section 147 of title 23, United States Code, is 

17 amended— 

18 (1) by striking subsection (h); and 

19 (2) by redesignating subsections (i) and (j) as 

20 subsections (h) and (i), respectively. 

21 SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

22 (a) IN GENERAL.—Section 148 of title 23, United 

23 States Code, is amended— 

24 (1) in subsection (a)— 

25 (A) in paragraph (4)(B)— 


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1 (i) by striking ‘‘only includes a 

2 project’’ and inserting ‘‘includes a 

3 project’’; 

4 (ii) in clause (xiii) by inserting ‘‘, in5 cluding the development of a vulnerable 

6 road user safety assessment or a vision 

7 zero plan under section 1601 of the IN8 VEST in America Act’’ after ‘‘safety plan9 ning’’; 

10 (iii) by amending clause (xviii) to read 

11 as follows: 

12 ‘‘(xviii) Safe routes to school infra13 structure-related projects eligible under 

14 section 211.’’; 

15 (iv) in clause (xxvi) by inserting ‘‘or 

16 leading pedestrian intervals’’ after ‘‘hybrid 

17 beacons’’; and 

18 (v) by striking clause (xxviii) and in19 serting the following: 

20 ‘‘(xxviii) A pedestrian security feature 

21 designed to slow or stop a motor vehicle. 

22 ‘‘(xxix) Installation of infrastructure 

23 improvements, including sidewalks, cross24 walks, signage, and bus stop shelters or 

25 protected waiting areas.’’; 


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1 (B) in paragraph (11)— 

2 (i) in subparagraph (E) by inserting 

3 ‘‘Tribal,’’ after ‘‘State,’’; 

4 (ii) by redesignating subparagraphs 

5 (G), (H), and (I) as subparagraphs (H), 

6 (I), and (J), respectively; and 

7 (iii) by inserting after subparagraph 

8 (F) the following: 

9 ‘‘(G) includes a vulnerable road user safety 

10 assessment described under paragraph (16);’’; 

11 (C) by redesignating paragraphs (10), 

12 (11), and (12) as paragraphs (12), (13), and 

13 (14), respectively; 

14 (D) by inserting after paragraph (9) the 

15 following: 

16 ‘‘(10) SAFE SYSTEM APPROACH.—The term 

17 ‘safe system approach’ means a roadway design that 

18 emphasizes minimizing the risk of injury or fatality 

19 to road users and that— 

20 ‘‘(A) takes into consideration the possi21 bility and likelihood of human error; 

22 ‘‘(B) accommodates human injury toler23 ance by taking into consideration likely accident 

24 types, resulting impact forces, and the human 

25 body’s ability to withstand such forces; and 


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1 ‘‘(C) takes into consideration vulnerable 

2 road users. 

3 ‘‘(11) SPECIFIED SAFETY PROJECT.— 

4 ‘‘(A) IN GENERAL.—The term ‘specified 

5 safety project’ means a project carried out for 

6 the purpose of safety under any other section of 

7 this title that is consistent with the State stra8 tegic highway safety plan. 

9 ‘‘(B) INCLUSION.—The term ‘specified 

10 safety project’ includes a project that— 

11 ‘‘(i) promotes public awareness and 

12 informs the public regarding highway safe13 ty matters (including safety for motorcy14 clists, bicyclists, pedestrians, individuals 

15 with disabilities, and other road users); 

16 ‘‘(ii) facilitates enforcement of traffic 

17 safety laws; 

18 ‘‘(iii) provides infrastructure and in19 frastructure-related equipment to support 

20 emergency services; 

21 ‘‘(iv) conducts safety-related research 

22 to evaluate experimental safety counter23 measures or equipment; or 


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1 ‘‘(v) supports safe routes to school 

2 noninfrastructure-related activities de3 scribed under section 211(e)(2).’’; and 

4 (E) by adding at the end the following: 

5 ‘‘(15) VULNERABLE ROAD USER.—The term 

6 ‘vulnerable road user’ means a nonmotorist— 

7 ‘‘(A) with a fatality analysis reporting sys8 tem person attribute code that is included in 

9 the definition of the term ‘number of non-mo10 torized fatalities’ in section 490.205 of title 23, 

11 Code of Federal Regulations (or successor regu12 lation); or 

13 ‘‘(B) described in the term ‘number of 

14 non-motorized serious injuries’ in such section. 

15 ‘‘(16) VULNERABLE ROAD USER SAFETY AS16 SESSMENT.—The term ‘vulnerable road user safety 

17 assessment’ means an assessment of the safety per18 formance of the State with respect to vulnerable 

19 road users and the plan of the State to improve the 

20 safety of vulnerable road users described in sub21 section (l).’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1) by striking ‘‘(a)(11)’’ 

24 and inserting ‘‘(a)(13)’’; and 

25 (B) in paragraph (2)— 


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1 (i) in subparagraph (A)(vi) by insert2 ing ‘‘, consistent with the vulnerable road 

3 user safety assessment’’ after ‘‘non4 motorized crashes’’; 

5 (ii) in subparagraph (B)(i)— 

6 (I) by inserting ‘‘, consistent with 

7 a safe system approach,’’ after ‘‘iden8 tify’’; 

9 (II) by inserting ‘‘excessive de10 sign speeds and speed limits,’’ after 

11 ‘‘crossing needs,’’; and 

12 (III) by striking ‘‘motorists (in13 cluding motorcyclists), bicyclists, pe14 destrians, and other highway users’’ 

15 and inserting ‘‘road users’’; and 

16 (iii) in subparagraph (D)(iii) by strik17 ing ‘‘motorists (including motorcyclists), 

18 bicyclists, pedestrians, persons with disabil19 ities, and other highway users’’ and insert20 ing ‘‘road users’’; 

21 (3) in subsection (d)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (A) by striking 

24 ‘‘Not later than 1 year after the date of 


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1 enactment of the MAP–21, the’’ and in2 serting ‘‘The’’; and 

3 (ii) in subparagraph (B)— 

4 (I) in clause (iv) by inserting 

5 ‘‘and serious injury’’ after ‘‘fatality’’; 

6 (II) in clause (vii) by striking ‘‘; 

7 and’’ and inserting a semicolon; 

8 (III) by redesignating clause 

9 (viii) as clause (ix); and 

10 (IV) by inserting after clause 

11 (vii) the following: 

12 ‘‘(viii) the findings of a vulnerable 

13 road user safety assessment of the State; 

14 and’’; and 

15 (B) in paragraph (2)(B)(i) by striking 

16 ‘‘subsection (a)(11)’’ and inserting ‘‘subsection 

17 (a)(13)’’; 

18 (4) in subsection (e)— 

19 (A) in paragraph (1)(C) by striking ‘‘, 

20 without regard to whether the project is in21 cluded in an applicable State strategic highway 

22 safety plan’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFE25 TY PROJECTS.— 


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1 ‘‘(A) IN GENERAL.—To advance the imple2 mentation of a State strategic highway safety 

3 plan, a State may use not more than 10 percent 

4 of the amounts apportioned to the State under 

5 section 104(b)(3) for a fiscal year to carry out 

6 specified safety projects. 

7 ‘‘(B) RULE OF STATUTORY CONSTRUC8 TION.—Nothing in this paragraph shall be con9 strued to require a State to revise any State 

10 process, plan, or program in effect on the date 

11 of enactment of this paragraph. 

12 ‘‘(C) EFFECT OF PARAGRAPH.— 

13 ‘‘(i) REQUIREMENTS.—A project 

14 funded under this paragraph shall be sub15 ject to all requirements under this section 

16 that apply to a highway safety improve17 ment project. 

18 ‘‘(ii) OTHER APPORTIONED PRO19 GRAMS.—Subparagraph (A) shall not apply 

20 to amounts that may be obligated for non21 infrastructure projects apportioned under 

22 any other paragraph of section 104(b).’’; 

23 (5) in subsection (g)— 

24 (A) by amending paragraph (1) to read as 

25 follows: 


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1 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.— 

2 ‘‘(A) IN GENERAL.—If a State determines 

3 that the fatality rate on rural roads in such 

4 State for the most recent 2-year period for 

5 which data are available exceeds the median fa6 tality rate for rural roads among all States, 

7 that State shall be required to— 

8 ‘‘(i) obligate over the 2 fiscal years 

9 following the fiscal year in which such de10 termination is made for projects on high11 risk rural roads an amount not less than 

12 7.5 percent of the amounts apportioned to 

13 the State under section 104(b)(3) for fiscal 

14 year 2020; and 

15 ‘‘(ii) include, in the subsequent update 

16 to the State strategic highway safety plan, 

17 strategies to reduce the fatality rate. 

18 ‘‘(B) SOURCE OF FUNDS.—Any amounts 

19 obligated under subparagraph (A) shall be from 

20 amounts apportioned under section 104(b)(2) 

21 (from the portion of such funds that are avail22 able for obligation in any area of the State). 

23 ‘‘(C) CONSULTATION.—In carrying out a 

24 project with an amount obligated under sub25 paragraph (A), a State shall consult with, as 


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1 applicable, local governments, metropolitan 

2 planning organizations, and regional transpor3 tation planning organizations.’’; 

4 (B) in paragraph (2)— 

5 (i) in the heading by striking ‘‘DRIV6 ERS’’ and inserting ‘‘ROAD USERS’’; and 

7 (ii) by striking ‘‘address the increases 

8 in’’ and inserting ‘‘reduce’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(3) VULNERABLE ROAD USER SAFETY.— 

11 ‘‘(A) IN GENERAL.—Beginning 2 years 

12 after the date of enactment of the INVEST in 

13 America Act, if a State determines that the 

14 number of vulnerable road user fatalities and 

15 serious injuries per capita in such State over 

16 the most recent 2-year period for which data 

17 are available exceeds the median number of 

18 such fatalities and serious injuries among all 

19 States, that State shall be required to obligate 

20 over the 2 fiscal years following the fiscal year 

21 in which such determination is made an amount 

22 that is not less than 50 percent of the amount 

23 set aside in such State under section 133(h)(1) 

24 for fiscal year 2020 for projects identified in 


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1 the program of projects described in subsection 

2 (l)(2)(C). 

3 ‘‘(B) SOURCE OF FUNDS.—Any amounts 

4 obligated under subparagraph (A) shall be from 

5 amounts apportioned under section 104(b)(2) 

6 (from the portion of such funds that are avail7 able for obligation in any area of the State).’’; 

8 (6) in subsection (h)(1)(A) by inserting ‘‘, in9 cluding any efforts to reduce vehicle speed’’ after 

10 ‘‘under this section’’; and 

11 (7) by adding at the end the following: 

12 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS13 MENT.— 

14 ‘‘(1) IN GENERAL.—Not later than 2 years 

15 after date of enactment of the INVEST in America 

16 Act, each State shall create a vulnerable road user 

17 safety assessment. 

18 ‘‘(2) CONTENTS.—A vulnerable road user safety 

19 assessment required under paragraph (1) shall in20 clude— 

21 ‘‘(A) a description of the location within 

22 the State of each vulnerable road user fatality 

23 and serious injury and the design speed of the 

24 roadway at any such location; 


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1 ‘‘(B) a description of any corridors identi2 fied by a State that pose a high risk of a vul3 nerable road user fatality or serious injury and 

4 the design speeds of such corridors; and 

5 ‘‘(C) a program of projects or strategies to 

6 reduce safety risks to vulnerable road users in 

7 corridors identified under subparagraph (B). 

8 ‘‘(3) ANALYSIS.—In creating a vulnerable road 

9 user safety assessment under this subsection, a 

10 State shall assess the last 5 years of available data. 

11 ‘‘(4) REQUIREMENTS.—In creating a vulnerable 

12 road user safety assessment under this subsection, a 

13 State shall— 

14 ‘‘(A) take into consideration a safe system 

15 approach; and 

16 ‘‘(B) consult with local governments, met17 ropolitan planning organizations, and regional 

18 transportation planning organizations that rep19 resent a high-risk area identified under para20 graph (2)(B). 

21 ‘‘(5) UPDATE.—A State shall update a vulner22 able road user safety assessment on the same sched23 ule as the State updates the State strategic highway 

24 safety plan. 


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1 ‘‘(6) TRANSPORTATION SYSTEM ACCESS.—The 

2 program of projects developed under paragraph 

3 (2)(C) may not degrade transportation system ac4 cess for vulnerable road users.’’. 

5 (b) TECHNICAL AMENDMENT.—Section 148 of title 

6 23, United States Code, is amended— 

7 (1) in the heading for subsection (a)(8) by 

8 striking ‘‘ROAD USERS’’ and inserting ‘‘ROAD

9 USER’’; and 

10 (2) in subsection (i)(2)(D) by striking ‘‘safety 

11 safety’’ and inserting ‘‘safety’’. 

12 (c) HIGH-RISK RURAL ROADS.— 

13 (1) STUDY.—Not later than 2 years after the 

14 date of enactment of this Act, the Secretary of 

15 Transportation shall update the study described in 

16 paragraph (1) of section 1112(b) of MAP–21 (23 

17 U.S.C. 148 note). 

18 (2) PUBLICATION OF REPORT.—Not later than 

19 2 years after the date of enactment of this Act, the 

20 Secretary shall publish on the website of the Depart21 ment of Transportation an updated report of the re22 port described in paragraph (2) of section 1112(b) 

23 of MAP–21 (23 U.S.C. 148 note). 

24 (3) BEST PRACTICES MANUAL.—Not later than 

25 180 days after the date of submission of the report 


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1 described in paragraph (2), the Secretary shall up2 date the best practices manual described in section 

3 1112(b)(3) of MAP–21 (23 U.S.C. 148 note). 

4 SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IM5 PROVEMENT PROGRAM. 

6 Section 149 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (b)— 

9 (A) in paragraph (1)(A)(ii) by striking 

10 ‘‘subsection (h)’’ and inserting ‘‘subsection (i)’’; 

11 (B) in paragraph (7) by inserting ‘‘shared 

12 micromobility (including bikesharing and shared 

13 scooter systems),’’ after ‘‘carsharing,’’; 

14 (C) in paragraph (8)(B) by striking ‘‘; or’’ 

15 and inserting a semicolon; 

16 (D) in paragraph (9) by striking the period 

17 and inserting ‘‘; or’’; and 

18 (E) by adding at the end the following: 

19 ‘‘(10) if the project or program mitigates sea20 sonal or temporary traffic congestion from long-haul 

21 travel or tourism.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (2)— 


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1 (i) in the heading by inserting ‘‘, HY2 DROGEN VEHICLE,’’ after ‘‘ELECTRIC VE3 HICLE’’; 

4 (ii) by inserting ‘‘hydrogen or’’ after 

5 ‘‘charging stations or’’; and 

6 (iii) by inserting ‘‘, hydrogen-pow7 ered,’’ after ‘‘battery powered’’; and 

8 (B) in paragraph (3) by inserting ‘‘, and is 

9 consistent with section 166’’ after ‘‘travel 

10 times’’; and 

11 (3) by striking subsection (m) and inserting the 

12 following: 

13 ‘‘(m) OPERATING ASSISTANCE.— 

14 ‘‘(1) PROJECTS.—A State may obligate funds 

15 apportioned under section 104(b)(4) in an area of 

16 such State that is otherwise eligible for obligations 

17 of such funds for operating costs under chapter 53 

18 of title 49 or on a system for which CMAQ funding 

19 was made available, obligated, or expended in fiscal 

20 year 2012, or, notwithstanding subsection (b), on a 

21 State-supported Amtrak route with a cost-sharing 

22 agreement under section 209 of the Passenger Rail 

23 Investment and Improvement Act of 2008. 

24 ‘‘(2) TIME LIMITATION.—Funds obligated 

25 under paragraph (1) shall have— 


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1 ‘‘(A) a time limitation of not less than 3 

2 years; and 

3 ‘‘(B) in the case of projects that dem4 onstrate continued net air quality benefits, as 

5 determined annually by the Secretary in con6 sultation with the Administrator of the Envi7 ronmental Protection Agency, no imposed time 

8 limitation.’’. 

9 SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS. 

10 (a) ELECTRIC VEHICLE CHARGING STATIONS.— 

11 Chapter 1 of title 23, United States Code, is amended by 

12 inserting after section 154 the following new section: 

13 ‘‘§ 155. Electric vehicle charging stations 

14 ‘‘(a) IN GENERAL.—Any electric vehicle charging in15 frastructure funded under this title shall be subject to the 

16 requirements of this section. 

17 ‘‘(b) INTEROPERABILITY.— 

18 ‘‘(1) IN GENERAL.—Electric vehicle charging 

19 stations shall provide, at a minimum, the following 

20 charging connector types: 

21 ‘‘(A) CCS. 

22 ‘‘(B) CHAdeMO. 

23 ‘‘(2) SAVINGS CLAUSE.—Nothing in this sub24 section shall prevent the use of charging types other 

25 than the connectors described in paragraph (1) if, at 


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1 a minimum, such connectors meet applicable indus2 try standards and are compatible with a majority of 

3 electric vehicles in operation. 

4 ‘‘(c) OPEN ACCESS TO PAYMENT.—Electric vehicle 

5 charging stations shall provide payment methods available 

6 to all members of the public to ensure secure, convenient, 

7 and equal access and shall not be limited by membership 

8 to a particular payment provider. 

9 ‘‘(d) TREATMENT OF PROJECTS.—Notwithstanding 

10 any other provision of law, any project to install electric 

11 vehicle charging infrastructure shall be treated as if the 

12 project is located on a Federal-aid highway.’’. 

13 (b) CLERICAL AMENDMENT.—The analysis for chap14 ter 1 of title 23, United States Code, is amended by insert15 ing after the item relating to section 154 the following 

16 new item: 

‘‘155. Electric vehicle charging stations.’’. 

17 (c) ELECTRIC VEHICLE CHARGING SIGNAGE.—The 

18 Secretary of Transportation shall update the Manual on 

19 Uniform Traffic Control Devices to— 

20 (1) ensure uniformity in providing road users 

21 direction to electric charging stations that are open 

22 to the public; and 

23 (2) allow the use of Specific Service signs for 

24 electric vehicle charging station providers. 


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1 SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM. 

2 Section 167 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (6) by striking ‘‘; and’’ 

6 and inserting a semicolon; and 

7 (B) by striking paragraph (7) and insert8 ing the following: 

9 ‘‘(7) to reduce the environmental impacts of 

10 freight movement on the National Highway Freight 

11 Network, including— 

12 ‘‘(A) greenhouse gas emissions; 

13 ‘‘(B) local air pollution; 

14 ‘‘(C) minimizing, capturing, or treating 

15 stormwater runoff and addressing other adverse 

16 impacts to water quality; and 

17 ‘‘(D) wildlife habitat loss; and 

18 ‘‘(8) to decrease any adverse impact of freight 

19 transportation on communities located near freight 

20 facilities or freight corridors.’’; 

21 (2) in subsection (e) by adding at the end the 

22 following: 

23 ‘‘(3) ADDITIONAL MILEAGE.—Notwithstanding 

24 paragraph (2), a State that has designated at least 

25 90 percent of its maximum mileage described in 


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1 paragraph (2) may designate up to an additional 

2 150 miles of critical rural freight corridors.’’; 

3 (3) in subsection (f) by adding at the end the 

4 following: 

5 ‘‘(5) ADDITIONAL MILEAGE.—Notwithstanding 

6 paragraph (4), a State that has designated at least 

7 90 percent of its maximum mileage described in 

8 paragraph (4) may designate up to an additional 75 

9 miles of critical urban freight corridors under para10 graphs (1) and (2).’’; 

11 (4) in subsection (h) by striking ‘‘Not later 

12 than’’ and all that follows through ‘‘shall prepare’’ 

13 and inserting ‘‘As part of the report required under 

14 section 503(b)(8), the Administrator shall biennially 

15 prepare’’; 

16 (5) in subsection (i)— 

17 (A) by striking paragraphs (2) and (3); 

18 (B) by amending paragraph (4) to read as 

19 follows: 

20 ‘‘(4) FREIGHT PLANNING.—Notwithstanding 

21 any other provision of law, a State may not obligate 

22 funds apportioned to the State under section 

23 104(b)(5) unless the State has developed, updated, 

24 or amended, as applicable, a freight plan in accord25 ance with section 70202 of title 49.’’; 


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1 (C) in paragraph (5)— 

2 (i) by striking subparagraph (B) and 

3 inserting the following: 

4 ‘‘(B) LIMITATION.—The Federal share of 

5 a project described in subparagraph (C)(xxiii) 

6 shall fund only elements of such project that 

7 provide public benefits.’’; and 

8 (ii) in subparagraph (C)— 

9 (I) in clause (iii) by inserting 

10 ‘‘and freight management and oper11 ations systems’’ after ‘‘freight trans12 portation systems’’; and 

13 (II) by amending clause (xxiii) to 

14 read as follows: 

15 ‘‘(xxiii) Freight intermodal or freight 

16 rail projects, including— 

17 ‘‘(I) projects within the bound18 aries of public or private freight rail 

19 or water facilities (including ports); 

20 ‘‘(II) projects that provide sur21 face transportation infrastructure nec22 essary to facilitate direct intermodal 

23 interchange, transfer, and access into 

24 or out of the facility; and 


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1 ‘‘(III) any other surface trans2 portation project to improve the flow 

3 of freight into or out of a facility de4 scribed in subclause (I) or (II).’’; 

5 (D) in paragraph (6) by striking ‘‘para6 graph (5)’’ and inserting ‘‘paragraph (3)’’; and 

7 (E) by redesignating paragraphs (4), (5), 

8 (6), and (7) as paragraphs (2), (3), (4), and 

9 (5), respectively; and 

10 (6) in subsection (k)(1)(A)(ii) by striking 

11 ‘‘ports-of entry’’ and inserting ‘‘ports-of-entry’’. 

12 SEC. 1213. CARBON POLLUTION REDUCTION. 

13 (a) IN GENERAL.—Chapter 1 of title 23, United 

14 States Code, is amended by adding at the end the fol15 lowing: 

16 ‘‘§ 171. Carbon pollution reduction 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish a carbon pollution reduction program to support the 

19 reduction of greenhouse gas emissions from the surface 

20 transportation system. 

21 ‘‘(b) ELIGIBLE PROJECTS.—A project is eligible for 

22 funding under this section if such project— 

23 ‘‘(1) is expected to yield a significant reduction 

24 in greenhouse gas emissions from the surface trans25 portation system; 


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1 ‘‘(2) will help a State meet the greenhouse gas 

2 emissions performance targets established under sec3 tion 150(c)(7); and 

4 ‘‘(3) is eligible for assistance under this title or 

5 under chapter 53 of title 49; or 

6 ‘‘(4) is a capital project, as such term is defined 

7 in section 22906 of title 49, to improve intercity rail 

8 passenger transportation, provided that the project 

9 will yield a significant reduction in single occupant 

10 vehicle trips and improve mobility on public roads. 

11 ‘‘(c) GUIDANCE.—The Secretary shall issue guidance 

12 on methods of determining the reduction of single occu13 pant vehicle trips and improvement of mobility on public 

14 roads as those factors relate to intercity rail passenger 

15 transportation projects under subsection (b)(4). 

16 ‘‘(d) OPERATING EXPENSES.—With respect to funds 

17 provided for an eligible project under this section, a State 

18 may use not more than 10 percent of such funds for oper19 ating expenses relating to such project if such project is 

20 for public transportation, passenger rail, or transportation 

21 systems management and operations. 

22 ‘‘(e) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA23 CILITIES.—None of the funds provided under this section 

24 may be used for a project that will result in the construc25 tion of new capacity available to single occupant vehicles 


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1 unless the project consists of a high occupancy vehicle fa2 cility and is consistent with section 166. 

3 ‘‘(f) EVALUATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall annu5 ally evaluate the progress of each State in carrying 

6 out the program under this section by comparing the 

7 percent change in carbon dioxide emissions per cap8 ita on public roads in the State calculated as— 

9 ‘‘(A) the annual carbon dioxide emissions 

10 per capita on public roads in the State for the 

11 most recent year for which there is data; di12 vided by 

13 ‘‘(B) the average annual carbon dioxide 

14 emissions per capita on public roads in the 

15 State in calendar years 2015 through 2019. 

16 ‘‘(2) MEASURES.—In conducting the evaluation 

17 under paragraph (1), the Secretary shall— 

18 ‘‘(A) prior to the effective date of the 

19 greenhouse gas performance measures under 

20 section 150(c)(7), use such data as are avail21 able, which may include data on motor fuels 

22 usage published by the Federal Highway Ad23 ministration and information on emissions fac24 tors or coefficients published by the Energy InVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 formation Administration of the Department of 

2 Energy; and 

3 ‘‘(B) following the effective date of the 

4 greenhouse gas performance measures under 

5 section 150(c)(7), use such measures. 

6 ‘‘(g) PROGRESS REPORT.—The Secretary shall annu7 ally issue a carbon pollution reduction progress report, to 

8 be made publicly available on the website of the Depart9 ment of Transportation, that includes— 

10 ‘‘(1) the results of the evaluation under sub11 section (f) for each State; and 

12 ‘‘(2) a ranking of all the States by the criteria 

13 under subsection (f), with the States that, for the 

14 year covered by such report, have the largest per15 centage reduction in annual carbon dioxide emissions 

16 per capita on public roads being ranked the highest. 

17 ‘‘(h) HIGH-PERFORMING STATES.— 

18 ‘‘(1) DESIGNATION.—For purposes of this sec19 tion, each State that is 1 of the 15 highest ranked 

20 States, as determined under subsection (g)(2), and 

21 that achieves a reduction in carbon dioxide emissions 

22 per capita on public roads, as determined by the 

23 evaluation in subsection (f), shall be designated as a 

24 high-performing State for the following fiscal year. 


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1 ‘‘(2) USE OF FUNDS.—For each State that is 

2 designated as a high-performing State under para3 graph (1)— 

4 ‘‘(A) notwithstanding section 120, the 

5 State may use funds made available under this 

6 title to pay the non-Federal share of a project 

7 under this section during any year for which 

8 such State is designated as a high-performing 

9 State; and 

10 ‘‘(B) notwithstanding section 126, the 

11 State may transfer up to 50 percent of funds 

12 apportioned under section 104(b)(9) to the pro13 gram under section 104(b)(2) in any year for 

14 which such State is designated as a high-per15 forming State. 

16 ‘‘(3) TRANSFER.—For each State that is 1 of 

17 the 15 lowest ranked States, as determined under 

18 subsection (g)(2), the Secretary shall transfer 10 

19 percent of the amount apportioned to the State 

20 under section 104(b)(2) in the fiscal year following 

21 the year in which the State is so ranked, not includ22 ing amounts set aside under section 133(d)(1)(A) 

23 and under section 133(h) or 505(a), to the appor24 tionment of the State under section 104(b)(9). 


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1 ‘‘(4) LIMITATION.—The Secretary shall not 

2 conduct a transfer under paragraph (3)— 

3 ‘‘(A) until the first fiscal year following the 

4 effective date of greenhouse gas performance 

5 measures under section 150(c)(7); and 

6 ‘‘(B) with respect to a State in any fiscal 

7 year following the year in which such State 

8 achieves a reduction in carbon dioxide emissions 

9 per capita on public roads in such year as de10 termined by the evaluation under subsection (f). 

11 ‘‘(i) REPORT.—Not later than 2 years after the date 

12 of enactment of this section and periodically thereafter, 

13 the Secretary, in consultation with the Administrator of 

14 the Environmental Protection Agency, shall issue a re15 port— 

16 ‘‘(1) detailing, based on the best available 

17 science, what types of projects eligible for assistance 

18 under this section are expected to provide the most 

19 significant greenhouse gas emissions reductions from 

20 the surface transportation sector; and 

21 ‘‘(2) detailing, based on the best available 

22 science, what types of projects eligible for assistance 

23 under this section are not expected to provide sig24 nificant greenhouse gas emissions reductions from 

25 the surface transportation sector.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 1 of title 23, United States Code, is amended by add3 ing at the end the following new item: 

‘‘171. Carbon pollution reduction.’’. 

4 SEC. 1214. RECREATIONAL TRAILS. 

5 Section 206 of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(j) USE OF OTHER APPORTIONED FUNDS.—Funds 

8 apportioned to a State under section 104(b) that are obli9 gated for recreational trails and related projects shall be 

10 administered as if such funds were made available for pur11 poses described under this section.’’. 

12 SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM. 

13 (a) IN GENERAL.—Chapter 2 of title 23, United 

14 States Code, is amended by inserting after section 210 the 

15 following: 

16 ‘‘§ 211. Safe routes to school program 

17 ‘‘(a) PROGRAM.—The Secretary shall carry out a safe 

18 routes to school program for the benefit of children in pri19 mary, middle, and high schools. 

20 ‘‘(b) PURPOSES.—The purposes of the program shall 

21 be— 

22 ‘‘(1) to enable and encourage children, includ23 ing those with disabilities, to walk and bicycle to 

24 school; 


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1 ‘‘(2) to make bicycling and walking to school a 

2 safer and more appealing transportation alternative, 

3 thereby encouraging a healthy and active lifestyle 

4 from an early age; and 

5 ‘‘(3) to facilitate the planning, development, 

6 and implementation of projects and activities that 

7 will improve safety and reduce traffic, fuel consump8 tion, and air pollution in the vicinity of schools. 

9 ‘‘(c) USE OF FUNDS.—Amounts apportioned to a 

10 State under paragraphs (2) and (3) of section 104(b) may 

11 be used to carry out projects, programs, and other activi12 ties under this section. 

13 ‘‘(d) ELIGIBLE ENTITIES.—Projects, programs, and 

14 activities funded under this section may be carried out by 

15 eligible entities described under section 133(h)(4)(B) that 

16 demonstrate an ability to meet the requirements of this 

17 section. 

18 ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— 

19 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— 

20 ‘‘(A) IN GENERAL.—A State may obligate 

21 funds under this section for the planning, de22 sign, and construction of infrastructure-related 

23 projects that will substantially improve the abil24 ity of students to walk and bicycle to school, in25 cluding sidewalk improvements, traffic calming 


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1 and speed reduction improvements, pedestrian 

2 and bicycle crossing improvements, on-street bi3 cycle facilities, off-street bicycle and pedestrian 

4 facilities, secure bicycle parking facilities, and 

5 traffic diversion improvements in the vicinity of 

6 schools. 

7 ‘‘(B) LOCATION OF PROJECTS.—Infra8 structure-related projects under subparagraph 

9 (A) may be carried out on any public road or 

10 any bicycle or pedestrian pathway or trail in the 

11 vicinity of schools. 

12 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI13 TIES.—In addition to projects described in para14 graph (1), a State may obligate funds under this 

15 section for noninfrastructure-related activities to en16 courage walking and bicycling to school, including— 

17 ‘‘(A) public awareness campaigns and out18 reach to press and community leaders; 

19 ‘‘(B) traffic education and enforcement in 

20 the vicinity of schools; 

21 ‘‘(C) student sessions on bicycle and pedes22 trian safety, health, and environment; 

23 ‘‘(D) programs that address personal safe24 ty; and 


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1 ‘‘(E) funding for training, volunteers, and 

2 managers of safe routes to school programs. 

3 ‘‘(3) SAFE ROUTES TO SCHOOL COORDI4 NATOR.—Each State receiving an apportionment 

5 under paragraphs (2) and (3) of section 104(b) shall 

6 use a sufficient amount of the apportionment to 

7 fund a full-time position of coordinator of the 

8 State’s safe routes to school program. 

9 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

10 cost of a project, program, or activity under this section 

11 shall be 100 percent. 

12 ‘‘(g) CLEARINGHOUSE.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall main14 tain a national safe routes to school clearinghouse 

15 to— 

16 ‘‘(A) develop information and educational 

17 programs on safe routes to school; and 

18 ‘‘(B) provide technical assistance and dis19 seminate techniques and strategies used for 

20 successful safe routes to school programs. 

21 ‘‘(2) FUNDING.—The Secretary shall carry out 

22 this subsection using amounts authorized to be ap23 propriated for administrative expenses under section 

24 104(a). 


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1 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding 

2 any other provision of law, projects carried out under this 

3 section shall be treated as projects on a Federal-aid high4 way under chapter 1 of this title. 

5 ‘‘(i) DEFINITIONS.—In this section, the following 

6 definitions apply: 

7 ‘‘(1) IN THE VICINITY OF SCHOOLS.—The term 

8 ‘in the vicinity of schools’ means, with respect to a 

9 school, the area within bicycling and walking dis10 tance of the school (approximately 2 miles). 

11 ‘‘(2) PRIMARY, MIDDLE, AND HIGH SCHOOLS.— 

12 The term ‘primary, middle, and high schools’ means 

13 schools providing education from kindergarten 

14 through twelfth grade.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) REPEAL.—Section 1404 of SAFETEA–LU 

17 (Public Law 109–59; 119 Stat. 1228–1230), and 

18 the item relating to such section in the table of con19 tents in section 1(b) of such Act, are repealed. 

20 (2) ANALYSIS.—The analysis for chapter 2 of 

21 title 23, United States Code, is amended by insert22 ing after the item relating to section 210 the fol23 lowing: 

‘‘211. Safe routes to school program.’’. 


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1 SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN 

2 WALKWAYS. 

3 Section 217 of title 23, United States Code, is 

4 amended— 

5 (1) in subsection (d)— 

6 (A) by striking ‘‘104(b)(3)’’ and inserting 

7 ‘‘104(b)(4)’’; and 

8 (B) by striking ‘‘a position’’ and inserting 

9 ‘‘one or more positions’’; 

10 (2) in subsection (e) by striking ‘‘bicycles’’ and 

11 inserting ‘‘pedestrians and bicyclists’’ each place 

12 such term appears; and 

13 (3) in subsection (j) by striking paragraph (2) 

14 and inserting the following: 

15 ‘‘(2) ELECTRIC BICYCLE.—The term ‘electric 

16 bicycle’ means any bicycle, tricycle, or other motor17 ized conveyance— 

18 ‘‘(A) weighing under 100 pounds; 

19 ‘‘(B) with a low-powered electric motor; 

20 ‘‘(C) with a top motor-powered speed not 

21 in excess of 20 miles per hour; and 

22 ‘‘(D) that can safely share a bicycle trans23 portation facility with other users of such facil24 ity.’’. 


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1 Subtitle C—Project-Level 

2 Investments 

3 SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIG4 NIFICANCE. 

5 (a) IN GENERAL.—Section 117 of title 23, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 117. Projects of national and regional significance 

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab9 lish a projects of national and regional significance pro10 gram under which the Secretary may make grants to, and 

11 establish multiyear grant agreements with, eligible entities 

12 in accordance with this section. 

13 ‘‘(b) APPLICATIONS.—To be eligible for a grant 

14 under this section, an eligible entity shall submit to the 

15 Secretary an application in such form, in such manner, 

16 and containing such information as the Secretary may re17 quire. 

18 ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— 

19 ‘‘(1) IN GENERAL.—Each grant made under 

20 this section— 

21 ‘‘(A) shall be in an amount that is at least 

22 $25,000,000; and 

23 ‘‘(B) shall be for a project that has eligible 

24 project costs that are reasonably anticipated to 

25 equal or exceed the lesser of— 


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1 ‘‘(i) $100,000,000; or 

2 ‘‘(ii) in the case of a project— 

3 ‘‘(I) located in 1 State, 30 per4 cent of the amount apportioned under 

5 this chapter to the State in the most 

6 recently completed fiscal year; or 

7 ‘‘(II) located in more than 1 

8 State, 50 percent of the amount ap9 portioned under this chapter to the 

10 participating State with the largest 

11 apportionment under this chapter in 

12 the most recently completed fiscal 

13 year. 

14 ‘‘(2) LARGE PROJECTS.—For a project that has 

15 eligible project costs that are reasonably anticipated 

16 to equal or exceed $500,000,000, a grant made 

17 under this section— 

18 ‘‘(A) shall be in an amount sufficient to 

19 fully fund the project, or in the case of a public 

20 transportation project, a minimum operable 

21 segment, in combination with other funding 

22 sources, including non-Federal financial com23 mitment, identified in the application; and 


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1 ‘‘(B) may be awarded pursuant to the 

2 process under subsection (d), as necessary 

3 based on the amount of the grant. 

4 ‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR LARGE

5 PROJECTS.— 

6 ‘‘(1) IN GENERAL.—A large project that re7 ceives a grant under this section may be carried out 

8 through a multiyear grant agreement in accordance 

9 with this subsection. 

10 ‘‘(2) REQUIREMENTS.—A multiyear grant 

11 agreement for a large project shall— 

12 ‘‘(A) establish the terms of participation by 

13 the Federal Government in the project; 

14 ‘‘(B) establish the amount of Federal fi15 nancial assistance for the project; 

16 ‘‘(C) establish a schedule of anticipated 

17 Federal obligations for the project that provides 

18 for obligation of the full grant amount by not 

19 later than 4 fiscal years after the fiscal year in 

20 which the initial amount is provided; and 

21 ‘‘(D) determine the period of time for com22 pleting the project, even if such period extends 

23 beyond the period of an authorization. 

24 ‘‘(3) SPECIAL RULES.— 


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1 ‘‘(A) IN GENERAL.—A multiyear grant 

2 agreement under this subsection— 

3 ‘‘(i) shall obligate an amount of avail4 able budget authority specified in law; and 

5 ‘‘(ii) may include a commitment, con6 tingent on amounts to be specified in law 

7 in advance for commitments under this 

8 paragraph, to obligate an additional 

9 amount from future available budget au10 thority specified in law. 

11 ‘‘(B) CONTINGENT COMMITMENT.—A con12 tingent commitment under this subsection is 

13 not an obligation of the Federal Government 

14 under section 1501 of title 31. 

15 ‘‘(C) INTEREST AND OTHER FINANCING

16 COSTS.— 

17 ‘‘(i) IN GENERAL.—Interest and other 

18 financing costs of carrying out a part of 

19 the project within a reasonable time shall 

20 be considered a cost of carrying out the 

21 project under a multiyear grant agreement, 

22 except that eligible costs may not be more 

23 than the cost of the most favorable financ24 ing terms reasonably available for the 

25 project at the time of borrowing. 


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1 ‘‘(ii) CERTIFICATION.—The applicant 

2 shall certify to the Secretary that the ap3 plicant has shown reasonable diligence in 

4 seeking the most favorable financing 

5 terms. 

6 ‘‘(4) ADVANCE PAYMENT.—An eligible entity 

7 carrying out a large project under a multiyear grant 

8 agreement— 

9 ‘‘(A) may use funds made available to the 

10 eligible entity under this title or title 49 for eli11 gible project costs of the large project; and 

12 ‘‘(B) shall be reimbursed, at the option of 

13 the eligible entity, for such expenditures from 

14 the amount made available under the multiyear 

15 grant agreement for the project in that fiscal 

16 year or a subsequent fiscal year. 

17 ‘‘(e) ELIGIBLE PROJECTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make a 

19 grant under this section only for a project that is a 

20 project eligible for assistance under this title or 

21 chapter 53 of title 49 and is— 

22 ‘‘(A) a bridge project carried out on the 

23 National Highway System; 

24 ‘‘(B) a project to improve person through25 put that is— 


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1 ‘‘(i) a highway project carried out on 

2 the National Highway System; 

3 ‘‘(ii) a public transportation project; 

4 or 

5 ‘‘(iii) a capital project, as such term is 

6 defined in section 22906 of title 49, to im7 prove intercity rail passenger transpor8 tation; or 

9 ‘‘(C) a project to improve freight through10 put that is— 

11 ‘‘(i) a highway freight project carried 

12 out on the National Highway Freight Net13 work established under section 167 or on 

14 the National Highway System; 

15 ‘‘(ii) a freight intermodal, freight rail, 

16 or railway-highway grade crossing or grade 

17 separation project; or 

18 ‘‘(iii) within the boundaries of a public 

19 or private freight rail, water (including 

20 ports), or intermodal facility and that is a 

21 surface transportation infrastructure 

22 project necessary to facilitate direct inter23 modal interchange, transfer, or access into 

24 or out of the facility. 

25 ‘‘(2) LIMITATION.— 


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1 ‘‘(A) CERTAIN FREIGHT PROJECTS.— 

2 Projects described in clauses (ii) and (iii) of 

3 paragraph (1)(C) may receive a grant under 

4 this section only if— 

5 ‘‘(i) the project will make a significant 

6 improvement to the movement of freight 

7 on the National Highway System; and 

8 ‘‘(ii) the Federal share of the project 

9 funds only elements of the project that 

10 provide public benefits. 

11 ‘‘(B) CERTAIN PROJECTS FOR PERSON

12 THROUGHPUT.—Projects described in clauses 

13 (ii) and (iii) of paragraph (1)(B) may receive a 

14 grant under this section only if the project will 

15 make a significant improvement in mobility on 

16 public roads. 

17 ‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible entity 

18 receiving a grant under this section may use such grant 

19 for— 

20 ‘‘(1) development phase activities, including 

21 planning, feasibility analysis, revenue forecasting, 

22 environmental review, preliminary engineering and 

23 design work, and other preconstruction activities; 

24 and 


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1 ‘‘(2) construction, reconstruction, rehabilitation, 

2 acquisition of real property (including land related 

3 to the project and improvements to the land), envi4 ronmental mitigation, construction contingencies, ac5 quisition of equipment, and operational improve6 ments directly related to improving system perform7 ance. 

8 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may 

9 select a project described under this section for funding 

10 under this section only if the Secretary determines that 

11 the project— 

12 ‘‘(1) generates significant regional or national 

13 economic, mobility, safety, resilience, or environ14 mental benefits; 

15 ‘‘(2) is cost effective; 

16 ‘‘(3) is based on the results of preliminary engi17 neering; 

18 ‘‘(4) has secured or will secure acceptable levels 

19 of non-Federal financial commitments, including— 

20 ‘‘(A) 1 or more stable and dependable 

21 sources of funding and financing to construct, 

22 maintain, and operate the project; and 

23 ‘‘(B) contingency amounts to cover unan24 ticipated cost increases; 


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1 ‘‘(5) cannot be easily and efficiently completed 

2 without additional Federal funding or financial as3 sistance available to the project sponsor, beyond ex4 isting Federal apportionments; and 

5 ‘‘(6) is reasonably expected to begin construc6 tion not later than 18 months after the date of obli7 gation of funds for the project. 

8 ‘‘(h) MERIT CRITERIA AND CONSIDERATIONS.— 

9 ‘‘(1) MERIT CRITERIA.—In awarding a grant 

10 under this section, the Secretary shall evaluate the 

11 following merit criteria: 

12 ‘‘(A) The extent to which the project sup13 ports achieving a state of good repair. 

14 ‘‘(B) The level of benefits the project is ex15 pected to generate, including— 

16 ‘‘(i) the costs avoided by the preven17 tion of closure or reduced use of the asset 

18 to be improved by the project; 

19 ‘‘(ii) reductions in maintenance costs 

20 over the life of the asset; 

21 ‘‘(iii) safety benefits, including the re22 duction of accidents and related costs; 

23 ‘‘(iv) improved person or freight 

24 throughput, including congestion reduction 

25 and reliability improvements; 


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1 ‘‘(v) national and regional economic 

2 benefits; 

3 ‘‘(vi) resilience benefits; 

4 ‘‘(vii) environmental benefits, includ5 ing reduction in greenhouse gas emissions 

6 and air quality benefits; and 

7 ‘‘(viii) benefits to all users of the 

8 project, including pedestrian, bicycle, non9 vehicular, railroad, and public transpor10 tation users. 

11 ‘‘(C) How the benefits compare to the 

12 costs of the project. 

13 ‘‘(D) The average number of people or vol14 ume of freight, as applicable, supported by the 

15 project. 

16 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In 

17 awarding a grant under this section, the Secretary 

18 shall also consider the following: 

19 ‘‘(A) Whether the project serves an area of 

20 persistent poverty. 

21 ‘‘(B) Whether the project uses innovative 

22 technologies, innovative design and construction 

23 techniques, or pavement materials that dem24 onstrate reductions in greenhouse gas emissions 

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1 turing processes and, if so, the degree to which 

2 such technologies, techniques, or materials are 

3 used. 

4 ‘‘(C) Whether the project improves 

5 connectivity between modes of transportation 

6 moving people or goods in the Nation or region. 

7 ‘‘(D) Whether the project provides new or 

8 improved connections between at least 2 metro9 politan areas with a population of at least 

10 500,000. 

11 ‘‘(i) PROJECT SELECTION.— 

12 ‘‘(1) EVALUATION.—To evaluate applications 

13 for funding under this section, the Secretary shall— 

14 ‘‘(A) determine whether a project is eligible 

15 for a grant under this section; 

16 ‘‘(B) evaluate, through a methodology that 

17 is discernible and transparent to the public, 

18 how each application addresses the merit cri19 teria pursuant to subsection (h); 

20 ‘‘(C) assign a quality rating for each merit 

21 criteria for each application based on the eval22 uation in subparagraph (B); 

23 ‘‘(D) ensure that applications receive final 

24 consideration by the Secretary to receive an 

25 award under this section only on the basis of 


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1 such quality ratings and that the Secretary 

2 gives final consideration only to applications 

3 that meet the minimally acceptable level for 

4 each of the merit criteria; and 

5 ‘‘(E) award grants only to projects rated 

6 highly under the evaluation and rating process. 

7 ‘‘(2) CONSIDERATIONS FOR LARGE

8 PROJECTS.—In awarding a grant for a large project, 

9 the Secretary shall— 

10 ‘‘(A) consider the amount of funds avail11 able in future fiscal years for the program 

12 under this section; and 

13 ‘‘(B) assume the availability of funds in fu14 ture fiscal years for the program that extend 

15 beyond the period of authorization based on the 

16 amount made available for the program in the 

17 last fiscal year of the period of authorization. 

18 ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In awarding 

19 grants under this section, the Secretary shall ensure 

20 geographic diversity and a balance between rural 

21 and urban communities among grant recipients over 

22 fiscal years 2022 through 2025. 

23 ‘‘(4) PUBLICATION OF METHODOLOGY.— 

24 ‘‘(A) IN GENERAL.—Prior to the issuance 

25 of any notice of funding opportunity for grants 


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1 under this section, the Secretary shall publish 

2 and make publicly available on the Depart3 ment’s website— 

4 ‘‘(i) a detailed explanation of the 

5 merit criteria developed under subsection 

6 (h); 

7 ‘‘(ii) a description of the evaluation 

8 process under this subsection; and 

9 ‘‘(iii) how the Secretary shall deter10 mine whether a project satisfies each of 

11 the requirements under subsection (g). 

12 ‘‘(B) UPDATES.—The Secretary shall up13 date and make publicly available on the website 

14 of the Department of Transportation such in15 formation at any time a revision to the informa16 tion described in subparagraph (A) is made. 

17 ‘‘(C) INFORMATION REQUIRED.—The Sec18 retary shall include in the published notice of 

19 funding opportunity for a grant under this sec20 tion detailed information on the rating method21 ology and merit criteria to be used to evaluate 

22 applications, or a reference to the information 

23 on the website of the Department of Transpor24 tation, as required by subparagraph (A). 

25 ‘‘(j) FEDERAL SHARE.— 


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1 ‘‘(1) IN GENERAL.—The Federal share of the 

2 cost of a project carried out with a grant under this 

3 section may not exceed 60 percent. 

4 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—Fed5 eral assistance other than a grant under this section 

6 may be used to satisfy the non-Federal share of the 

7 cost of a project for which such a grant is made, ex8 cept that the total Federal assistance provided for a 

9 project receiving a grant under this section may not 

10 exceed 80 percent of the total project cost. 

11 ‘‘(k) TREATMENT OF PROJECTS.— 

12 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

13 shall, with respect to a project funded by a grant 

14 under this section, apply— 

15 ‘‘(A) the requirements of this title to a 

16 highway project; 

17 ‘‘(B) the requirements of chapter 53 of 

18 title 49 to a public transportation project; and 

19 ‘‘(C) the requirements of section 22905 of 

20 title 49 to a passenger rail or freight rail 

21 project. 

22 ‘‘(2) MULTIMODAL PROJECTS.— 

23 ‘‘(A) IN GENERAL.—Except as otherwise 

24 provided in this paragraph, if an eligible project 

25 is a multimodal project, the Secretary shall— 


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1 ‘‘(i) determine the predominant modal 

2 component of the project; and 

3 ‘‘(ii) apply the applicable requirements 

4 of such predominant modal component to 

5 the project. 

6 ‘‘(B) EXCEPTIONS.— 

7 ‘‘(i) PASSENGER OR FREIGHT RAIL

8 COMPONENT.—For any passenger or 

9 freight rail component of a project, the re10 quirements of section 22907(j)(2) of title 

11 49 shall apply. 

12 ‘‘(ii) PUBLIC TRANSPORTATION COM13 PONENT.—For any public transportation 

14 component of a project, the requirements 

15 of section 5333 of title 49 shall apply. 

16 ‘‘(C) BUY AMERICA.—In applying the Buy 

17 American requirements under section 313 of 

18 this title and sections 5320, 22905(a), and 

19 24305(f) of title 49 to a multimodal project 

20 under this paragraph, the Secretary shall— 

21 ‘‘(i) consider the various modal com22 ponents of the project; and 

23 ‘‘(ii) seek to maximize domestic jobs. 

24 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE25 MENTS.—Notwithstanding any other provision of 


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1 this subsection, the Secretary shall require recipients 

2 of grants under this section to comply with sub3 section (a) of section 113 with respect to public 

4 transportation projects, passenger rail projects, and 

5 freight rail projects, in the same manner that recipi6 ents of grants are required to comply with such sub7 section for construction work performed on highway 

8 projects on Federal-aid highways. 

9 ‘‘(l) TIFIA PROGRAM.—At the request of an eligible 

10 entity under this section, the Secretary may use amounts 

11 awarded to the entity to pay subsidy and administrative 

12 costs necessary to provide the entity Federal credit assist13 ance under chapter 6 with respect to the project for which 

14 the grant was awarded. 

15 ‘‘(m) ADMINISTRATION.—Of the amounts made 

16 available to carry out this section, the Secretary may use 

17 up to $5,000,000 for the costs of administering the pro18 gram under this section. 

19 ‘‘(n) TECHNICAL ASSISTANCE.—Of the amounts 

20 made available to carry out this section, the Secretary may 

21 reserve up to $5,000,000,000 to provide technical assist22 ance to eligible entities. 

23 ‘‘(o) CONGRESSIONAL REVIEW.— 

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1 retary shall submit to the Committee on Transpor2 tation and Infrastructure of the House of Represent3 atives and the Committee on Environment and Pub4 lic Works, the Committee on Banking, Housing, and 

5 Urban Affairs, and the Committee on Commerce, 

6 Science, and Transportation of the Senate— 

7 ‘‘(A) a list of all applications determined to 

8 be eligible for a grant by the Secretary; 

9 ‘‘(B) the quality ratings assigned to each 

10 application pursuant to subsection (i); 

11 ‘‘(C) a list of applications that received 

12 final consideration by the Secretary to receive 

13 an award under this section; 

14 ‘‘(D) each application proposed to be se15 lected for a grant award; 

16 ‘‘(E) proposed grant amounts, including 

17 for each new multiyear grant agreement, the 

18 proposed payout schedule for the project; and 

19 ‘‘(F) an analysis of the impacts of any 

20 large projects proposed to be selected on exist21 ing commitments and anticipated funding levels 

22 for the next 4 fiscal years, based on information 

23 available to the Secretary at the time of the re24 port. 


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1 ‘‘(2) COMMITTEE REVIEW.—Before the last day 

2 of the 60-day period described in paragraph (1), 

3 each Committee described in paragraph (1) shall re4 view the Secretary’s list of proposed projects. 

5 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec6 retary may not make a grant or any other obligation 

7 or commitment to fund a project under this section 

8 if a joint resolution is enacted disapproving funding 

9 for the project before the last day of the 60-day pe10 riod described in paragraph (1). 

11 ‘‘(p) TRANSPARENCY.— 

12 ‘‘(1) IN GENERAL.—Not later than 30 days 

13 after awarding a grant for a project under this sec14 tion, the Secretary shall send to all applicants, and 

15 publish on the website of the Department of Trans16 portation— 

17 ‘‘(A) a summary of each application made 

18 to the program for the grant application period; 

19 and 

20 ‘‘(B) the evaluation and justification for 

21 the project selection, including ratings assigned 

22 to all applications and a list of applications that 

23 received final consideration by the Secretary to 

24 receive an award under this section, for the 

25 grant application period. 


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1 ‘‘(2) BRIEFING.—The Secretary shall provide, 

2 at the request of a grant applicant under this sec3 tion, the opportunity to receive a briefing to explain 

4 any reasons the grant applicant was not awarded a 

5 grant. 

6 ‘‘(q) DEFINITIONS.—In this section: 

7 ‘‘(1) AREAS OF PERSISTENT POVERTY.—The 

8 term ‘areas of persistent poverty’ has the meaning 

9 given such term in section 172(l). 

10 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means— 

12 ‘‘(A) a State or a group of States; 

13 ‘‘(B) a unit of local government, including 

14 a metropolitan planning organization, or a 

15 group of local governments; 

16 ‘‘(C) a political subdivision of a State or 

17 local government; 

18 ‘‘(D) a special purpose district or public 

19 authority with a transportation function, includ20 ing a port authority; 

21 ‘‘(E) a tribal government or a consortium 

22 of tribal governments; 

23 ‘‘(F) a Federal agency eligible to receive 

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1 plies jointly with a State or group of States; 

2 and 

3 ‘‘(G) a multistate or multijurisdictional 

4 group of entities described in this paragraph.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 1 of title 23, United States Code, is amended by strik7 ing the item relating to section 117 and inserting the fol8 lowing: 

‘‘117. Projects of national and regional significance.’’. 

9 SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT 

10 GRANT PROGRAM. 

11 (a) IN GENERAL.—Chapter 1 of title 23, United 

12 States Code, as amended by this title, is further amended 

13 by adding at the end the following: 

14 ‘‘§ 173. Community transportation investment grant 

15 program 

16 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab17 lish a community transportation investment grant pro18 gram to improve surface transportation safety, state of 

19 good repair, accessibility, and environmental quality 

20 through infrastructure investments. 

21 ‘‘(b) GRANT AUTHORITY.— 

22 ‘‘(1) IN GENERAL.—In carrying out the pro23 gram established under subsection (a), the Secretary 

24 shall make grants, on a competitive basis, to eligible 

25 entities in accordance with this section. 


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1 ‘‘(2) GRANT AMOUNT.—The maximum amount 

2 of a grant under this section shall be $25,000,000. 

3 ‘‘(c) APPLICATIONS.—To be eligible for a grant under 

4 this section, an eligible entity shall submit to the Secretary 

5 an application in such form, at such time, and containing 

6 such information as the Secretary may require. 

7 ‘‘(d) ELIGIBLE PROJECT COSTS.—Grant amounts for 

8 an eligible project carried out under this section may be 

9 used for— 

10 ‘‘(1) development phase activities, including 

11 planning, feasibility analysis, revenue forecasting, 

12 environmental review, preliminary engineering and 

13 design work, and other preconstruction activities; 

14 and 

15 ‘‘(2) construction, reconstruction, rehabilitation, 

16 acquisition of real property (including land related 

17 to the project and improvements to such land), envi18 ronmental mitigation, construction contingencies, ac19 quisition of equipment, and operational improve20 ments. 

21 ‘‘(e) RURAL AREAS.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall reserve 

23 not less than 25 percent of the amounts made avail24 able to carry out this section for projects located in 

25 rural areas. 


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1 ‘‘(2) DEFINITION OF RURAL AREA.—In this 

2 subsection, the term ‘rural area’ means all areas of 

3 a State not included in urbanized areas. 

4 ‘‘(3) EXCESS FUNDING.—If the Secretary de5 termines that there are insufficient qualified appli6 cants to use the funds set aside under this sub7 section, the Secretary may use such funds for grants 

8 for any projects eligible under this section. 

9 ‘‘(f) EVALUATION.—To evaluate applications under 

10 this section, the Secretary shall— 

11 ‘‘(1) develop a process to objectively evaluate 

12 applications on the benefits of the project proposed 

13 in such application— 

14 ‘‘(A) to transportation safety, including re15 ductions in traffic fatalities and serious injuries; 

16 ‘‘(B) to state of good repair, including im17 proved condition of bridges and pavements; 

18 ‘‘(C) to transportation system access, in19 cluding improved access to jobs and services; 

20 and 

21 ‘‘(D) in reducing greenhouse gas emis22 sions; 

23 ‘‘(2) develop a rating system to assign a nu24 meric value to each application, based on each of the 

25 criteria described in paragraph (1); 


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1 ‘‘(3) compare the total benefits of each applica2 tion submitted, as determined by the rating system 

3 developed under paragraph (2), with the costs of 

4 such application, and rank each application based on 

5 the results of the comparison; and 

6 ‘‘(4) ensure that only such applications that are 

7 ranked highly based on the results of the comparison 

8 conducted under paragraph (3) are considered to re9 ceive a grant under this section. 

10 ‘‘(g) WEIGHTING.—In establishing the evaluation 

11 process under subsection (f), the Secretary may assign dif12 ferent weights to the criteria developed under subsection 

13 (f)(1) based on project type, population served by a 

14 project, and other context-sensitive considerations, pro15 vided that— 

16 ‘‘(1) each application is rated on all criteria de17 veloped under subsection (f)(1); and 

18 ‘‘(2) each application has the same possible 

19 minimum and maximum rating, regardless of any 

20 differences in the weighting of criteria. 

21 ‘‘(h) TRANSPARENCY.— 

22 ‘‘(1) PUBLICLY AVAILABLE INFORMATION.— 

23 Prior to the issuance of any notice of funding oppor24 tunity under this section, the Secretary shall make 

25 publicly available on the website of the Department 


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1 of Transportation a detailed explanation of the eval2 uation and rating process developed under sub3 section (f), including any differences in the 

4 weighting of criteria pursuant to subsection (g), if 

5 applicable, and update such website for each revision 

6 of the evaluation and rating process. 

7 ‘‘(2) NOTIFICATIONS TO CONGRESS.—The Sec8 retary shall submit to the Committee on Transpor9 tation and Infrastructure of the House of Represent10 atives, the Committee on Environment and Public 

11 Works of the Senate, the Committee on Banking, 

12 Housing, and Urban Affairs of the Senate, and the 

13 Committee on Commerce, Science, and Transpor14 tation of the Senate the following written notifica15 tions: 

16 ‘‘(A) A notification when the Secretary 

17 publishes or updates the information required 

18 under paragraph (1). 

19 ‘‘(B) Not later than 30 days prior to the 

20 date on which the Secretary awards a grant 

21 under this section, a notification that in22 cludes— 

23 ‘‘(i) the ratings of each application 

24 submitted pursuant to subsection (f)(2); 


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1 ‘‘(ii) the ranking of each application 

2 submitted pursuant to subsection (f)(3); 

3 and 

4 ‘‘(iii) a list of all applications that re5 ceive final consideration by the Secretary 

6 to receive an award under this section pur7 suant to subsection (f)(4). 

8 ‘‘(C) Not later than 3 business days prior 

9 to the date on which the Secretary announces 

10 the award of a grant under this section, a noti11 fication describing each grant to be awarded, 

12 including the amount and the recipient. 

13 ‘‘(i) TECHNICAL ASSISTANCE.—Of the amounts 

14 made available to carry out this section, the Secretary may 

15 reserve up to $3,000,000 to provide technical assistance 

16 to eligible entities. 

17 ‘‘(j) ADMINISTRATION.—Of the amounts made avail18 able to carry out this section, the Secretary may reserve 

19 up to $5,000,000 for the administrative costs of carrying 

20 out the program under this section. 

21 ‘‘(k) TREATMENT OF PROJECTS.— 

22 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

23 shall, with respect to a project funded by a grant 

24 under this section, apply— 


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1 ‘‘(A) the requirements of this title to a 

2 highway project; 

3 ‘‘(B) the requirements of chapter 53 of 

4 title 49 to a public transportation project; and 

5 ‘‘(C) the requirements of section 22905 of 

6 title 49 to a passenger rail or freight rail 

7 project. 

8 ‘‘(2) MULTIMODAL PROJECTS.— 

9 ‘‘(A) IN GENERAL.—Except as otherwise 

10 provided in this paragraph, if an eligible project 

11 is a multimodal project, the Secretary shall— 

12 ‘‘(i) determine the predominant modal 

13 component of the project; and 

14 ‘‘(ii) apply the applicable requirements 

15 of such predominant modal component to 

16 the project. 

17 ‘‘(B) EXCEPTIONS.— 

18 ‘‘(i) PASSENGER OR FREIGHT RAIL

19 COMPONENT.—For any passenger or 

20 freight rail component of a project, the re21 quirements of section 22907(j)(2) of title 

22 49 shall apply. 

23 ‘‘(ii) PUBLIC TRANSPORTATION COM24 PONENT.—For any public transportation 


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1 component of a project, the requirements 

2 of section 5333 of title 49 shall apply. 

3 ‘‘(C) BUY AMERICA.—In applying the Buy 

4 American requirements under section 313 of 

5 this title and sections 5320, 22905(a), and 

6 24305(f) of title 49 to a multimodal project 

7 under this paragraph, the Secretary shall— 

8 ‘‘(i) consider the various modal com9 ponents of the project; and 

10 ‘‘(ii) seek to maximize domestic jobs. 

11 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE12 MENTS.—Notwithstanding any other provision of 

13 this subsection, the Secretary shall require recipients 

14 of grants under this section to comply with sub15 section (a) of section 113 with respect to public 

16 transportation projects, passenger rail projects, and 

17 freight rail projects, in the same manner that recipi18 ents of grants are required to comply with such sub19 section for construction work performed on highway 

20 projects on Federal-aid highways. 

21 ‘‘(l) TRANSPARENCY.— 

22 ‘‘(1) IN GENERAL.—Not later than 30 days 

23 after awarding a grant for a project under this sec24 tion, the Secretary shall send to all applicants, and 


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1 publish on the website of the Department of Trans2 portation— 

3 ‘‘(A) a summary of each application made 

4 to the program for the grant application period; 

5 and 

6 ‘‘(B) the evaluation and justification for 

7 the project selection, including ratings and 

8 rankings assigned to all applications and a list 

9 of applications that received final consideration 

10 by the Secretary to receive an award under this 

11 section, for the grant application period. 

12 ‘‘(2) BRIEFING.—The Secretary shall provide, 

13 at the request of a grant applicant under this sec14 tion, the opportunity to receive a briefing to explain 

15 any reasons the grant applicant was not awarded a 

16 grant. 

17 ‘‘(m) DEFINITIONS.—In this section: 

18 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means— 

20 ‘‘(A) a metropolitan planning organization; 

21 ‘‘(B) a unit of local government; 

22 ‘‘(C) a transit agency; 

23 ‘‘(D) a Tribal Government or a consortium 

24 of tribal governments; 


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1 ‘‘(E) a multijurisdictional group of entities 

2 described in this paragraph; or 

3 ‘‘(F) a State that applies for a grant under 

4 this section jointly with an entity described in 

5 subparagraphs (A) through (E). 

6 ‘‘(2) ELIGIBLE PROJECT.—The term ‘eligible 

7 project’ means any project eligible under this title or 

8 chapter 53 of title 49.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for chap10 ter 1 of title 23, United States Code, is further amended 

11 by adding at the end the following new item: 

‘‘173. Community transportation investment grant program.’’. 

12 SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRA13 STRUCTURE TO MODERNIZE AND RECON14 NECT AMERICA FOR THE 21ST CENTURY. 

15 (a) PURPOSE.—The purpose of this section is to es16 tablish a grant program to strategically deploy electric ve17 hicle charging infrastructure and hydrogen fueling infra18 structure along designated alternative fuel corridors that 

19 will be accessible to all drivers of electric vehicles and hy20 drogen vehicles. 

21 (b) GRANT PROGRAM.—Section 151 of title 23, 

22 United States Code, is amended— 

23 (1) in subsection (a) by striking ‘‘Not later 

24 than 1 year after the date of enactment of the 


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1 FAST Act, the Secretary shall’’ and inserting ‘‘The 

2 Secretary shall periodically’’; 

3 (2) in subsection (b)(2) by inserting ‘‘previously 

4 designated by the Federal Highway Administration 

5 or’’ after ‘‘fueling corridors’’; 

6 (3) in subsection (d)— 

7 (A) by striking ‘‘5 years after the date of 

8 establishment of the corridors under subsection 

9 (a), and every 5 years thereafter’’ and inserting 

10 ‘‘180 days after the date of enactment of the 

11 INVEST in America Act’’; and 

12 (B) by inserting ‘‘establish a recurring 

13 process to regularly’’ after ‘‘the Secretary 

14 shall’’; 

15 (4) in subsection (e)— 

16 (A) in paragraph (1) by striking ‘‘; and’’ 

17 and inserting a semicolon; 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘establishes an aspira20 tional goal of achieving’’ and inserting ‘‘de21 scribes efforts to achieve’’; and 

22 (ii) by striking ‘‘by the end of fiscal 

23 year 2020.’’ and inserting a semicolon; and 

24 (C) by adding at the end the following: 


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1 ‘‘(3) summarizes best practices and provides 

2 guidance, developed through consultation with the 

3 Secretary of Energy, for project development of elec4 tric vehicle charging infrastructure, hydrogen fueling 

5 infrastructure, and natural gas fueling infrastruc6 ture at the State, tribal, and local level to allow for 

7 the predictable deployment of such infrastructure; 

8 and 

9 ‘‘(4) summarizes the progress and implementa10 tion of the grant program under subsection (f), in11 cluding— 

12 ‘‘(A) a description of how funds awarded 

13 through the grant program under subsection (f) 

14 will aid efforts to achieve strategic deployment 

15 of electric vehicle charging infrastructure and 

16 hydrogen fueling infrastructure in those cor17 ridors; 

18 ‘‘(B) the total number and location of 

19 charging stations installed under subsection (f); 

20 and 

21 ‘‘(C) the total estimated greenhouse gas 

22 emissions that have been reduced through the 

23 use of electric vehicle charging or hydrogen 

24 fueling infrastructure funded under subsection 


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1 (f) using the methodology identified in para2 graph (3)(B).’’; and 

3 (5) by adding at the end the following: 

4 ‘‘(f) ELECTRIC VEHICLE CHARGING AND HYDROGEN

5 FUELING INFRASTRUCTURE GRANTS.— 

6 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

7 after the date of enactment of the INVEST in 

8 America Act, the Secretary shall establish a grant 

9 program to award grants to eligible entities for elec10 tric vehicle charging and hydrogen fueling infra11 structure projects. 

12 ‘‘(2) ELIGIBLE ENTITY.—An entity eligible to 

13 receive a grant under this subsection is— 

14 ‘‘(A) a State or political subdivision of a 

15 State; 

16 ‘‘(B) a metropolitan planning organization; 

17 ‘‘(C) a unit of local government; 

18 ‘‘(D) a special purpose district or public 

19 authority with a transportation function, includ20 ing a port authority; 

21 ‘‘(E) a Tribal government; 

22 ‘‘(F) an authority, agency, or instrumen23 tality of, or an entity owned by, 1 or more of 

24 the entities described in subparagraphs (A) 

25 through (E); or 


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1 ‘‘(G) a group of entities described in sub2 paragraphs (A) through (F). 

3 ‘‘(3) APPLICATION.—To be eligible to receive a 

4 grant under this subsection, an eligible entity shall 

5 submit to the Secretary an application at such time, 

6 in such manner, and containing such information as 

7 the Secretary shall require, including— 

8 ‘‘(A) a description of— 

9 ‘‘(i) the public accessibility of the 

10 charging or fueling infrastructure proposed 

11 to be funded with a grant under this sub12 section, including— 

13 ‘‘(I) charging or fueling con14 nector types; 

15 ‘‘(II) publicly available informa16 tion on real-time availability; and 

17 ‘‘(III) payment methods available 

18 to all members of the public to ensure 

19 secure, convenient, fair, and equal ac20 cess and not limited by membership to 

21 a particular provider; 

22 ‘‘(ii) collaborative engagement with 

23 the entity with jurisdiction over the road24 way and any other relevant stakeholders 

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1 ties, infrastructure providers, technology 

2 providers, electric charging and hydrogen 

3 fuel providers, metropolitan planning orga4 nizations, States, Indian Tribes, units of 

5 local government, fleet owners, fleet man6 agers, fuel station owners and operators, 

7 labor organizations, infrastructure con8 struction and component parts suppliers, 

9 and multistate and regional entities)— 

10 ‘‘(I) to foster enhanced, coordi11 nated, public-private or private invest12 ment in electric vehicle charging and 

13 hydrogen fueling infrastructure; 

14 ‘‘(II) to expand deployment of 

15 electric vehicle charging or hydrogen 

16 fueling infrastructure; 

17 ‘‘(III) to protect personal privacy 

18 and ensure cybersecurity; and 

19 ‘‘(IV) to ensure that a properly 

20 trained workforce is available to con21 struct and install electric vehicle 

22 charging or hydrogen fueling infra23 structure; 

24 ‘‘(iii) the location of the station or 

25 fueling site, including consideration of— 


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1 ‘‘(I) the availability of onsite 

2 amenities for vehicle operators, includ3 ing restrooms or food facilities; 

4 ‘‘(II) access in compliance with 

5 the Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12101 et seq.); 

7 ‘‘(III) height and fueling capacity 

8 requirements for facilities that charge 

9 or refuel large vehicles, including 

10 semitrailer trucks; and 

11 ‘‘(IV) appropriate distribution to 

12 avoid redundancy and fill charging or 

13 fueling gaps; 

14 ‘‘(iv) infrastructure installation that 

15 can be responsive to technology advance16 ments, including accommodating autono17 mous vehicles and future charging meth18 ods; 

19 ‘‘(v) the long-term operation and 

20 maintenance of the electric vehicle charg21 ing or hydrogen fueling infrastructure to 

22 avoid stranded assets and protect the in23 vestment of public funds in such infra24 structure; and 


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1 ‘‘(vi) in the case of an applicant that 

2 is not a State department of transpor3 tation, the degree of coordination with the 

4 applicable State department of transpor5 tation; and 

6 ‘‘(B) an assessment of the estimated 

7 greenhouse gas emissions and air pollution from 

8 vehicle emissions that will be reduced through 

9 the use of electric vehicle charging or hydrogen 

10 fueling infrastructure, which shall be conducted 

11 using one standardized methodology or tool as 

12 determined by the Secretary. 

13 ‘‘(4) CONSIDERATIONS.—In selecting eligible 

14 entities to receive a grant under this subsection, the 

15 Secretary shall— 

16 ‘‘(A) consider the extent to which the ap17 plication of the eligible entity would— 

18 ‘‘(i) reduce estimated greenhouse gas 

19 emissions and air pollution from vehicle 

20 emissions, weighted by the total Federal 

21 investment in the project; 

22 ‘‘(ii) improve alternative fueling cor23 ridor networks by— 


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1 ‘‘(I) converting corridor-pending 

2 corridors to corridor-ready corridors; 

3 or 

4 ‘‘(II) in the case of corridor5 ready corridors, providing additional 

6 capacity— 

7 ‘‘(aa) to meet excess demand 

8 for charging or fueling infra9 structure; or 

10 ‘‘(bb) to reduce congestion 

11 at existing charging or fueling in12 frastructure in high-traffic loca13 tions; 

14 ‘‘(iii) meet current or anticipated mar15 ket demands for charging or fueling infra16 structure; 

17 ‘‘(iv) enable or accelerate the con18 struction of charging or fueling infrastruc19 ture that would be unlikely to be completed 

20 without Federal assistance; and 

21 ‘‘(v) support a long-term competitive 

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1 isting electric vehicle charging or hydrogen 

2 fueling infrastructure providers; and 

3 ‘‘(B) ensure, to the maximum extent prac4 ticable, geographic diversity among grant recipi5 ents to ensure that electric vehicle charging in6 frastructure or hydrogen fueling infrastructure 

7 is available throughout the United States. 

8 ‘‘(5) USE OF FUNDS.— 

9 ‘‘(A) IN GENERAL.—Any grant made 

10 under this subsection shall be— 

11 ‘‘(i) directly related to the charging or 

12 fueling of a vehicle; and 

13 ‘‘(ii) only for charging or fueling in14 frastructure that is open to the general 

15 public. 

16 ‘‘(B) LOCATION OF INFRASTRUCTURE.— 

17 ‘‘(i) IN GENERAL.—Any electric vehi18 cle charging or hydrogen fueling infra19 structure acquired and installed with a 

20 grant under this subsection shall be located 

21 along an alternative fuel corridor des22 ignated under this section or by a State or 

23 group of States. 

24 ‘‘(ii) EXCEPTION.—Notwithstanding 

25 clause (i), the Secretary may make a grant 


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1 for electric vehicle charging infrastructure 

2 not on a designated alternative fuel cor3 ridor if the applicant demonstrates that 

4 the proposed charging infrastructure would 

5 expand deployment of electric vehicle 

6 charging to a greater number of users than 

7 investments on such corridor. 

8 ‘‘(C) OPERATING ASSISTANCE.— 

9 ‘‘(i) IN GENERAL.—Subject to clauses 

10 (ii) and (iii), an eligible entity that receives 

11 a grant under this subsection may use a 

12 portion of the funds for operating costs for 

13 the first 5 years of operations after the in14 stallation of electric vehicle charging or hy15 drogen fueling infrastructure while the fa16 cility transitions to independent system op17 erations. 

18 ‘‘(ii) INCLUSION.—Operating assist19 ance under this subparagraph shall be lim20 ited to costs allocable to operating and 

21 maintaining the electric vehicle charging or 

22 hydrogen fueling infrastructure and serv23 ice. 

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1 ceed the amount of a contract under sub2 paragraph (A) to acquire and install elec3 tric vehicle charging or hydrogen fueling 

4 infrastructure. 

5 ‘‘(D) SIGNS.— 

6 ‘‘(i) IN GENERAL.—Subject to this 

7 paragraph and paragraph (6)(B), an eligi8 ble entity that receives a grant under this 

9 subsection may use a portion of the funds 

10 to acquire and install— 

11 ‘‘(I) traffic control devices lo12 cated in the right-of-way to provide 

13 directional information to electric ve14 hicle charging or hydrogen fueling in15 frastructure acquired, installed, or op16 erated with the grant under this sub17 section; and 

18 ‘‘(II) on-premises signs to pro19 vide information about electric vehicle 

20 charging or hydrogen fueling infra21 structure acquired, installed, or oper22 ated with a grant under this sub23 section. 

24 ‘‘(ii) REQUIREMENT.—Any traffic 

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1 quired, installed, or operated with a grant 

2 under this subsection shall comply with the 

3 Manual on Uniform Traffic Control De4 vices, if located in the right-of-way. 

5 ‘‘(E) REVENUE.—An eligible entity receiv6 ing a grant under this subsection and a private 

7 entity referred to in subparagraph (F) may 

8 enter into a cost-sharing agreement under 

9 which the private entity submits to the eligible 

10 entity a portion of the revenue from the electric 

11 vehicle charging or hydrogen fueling infrastruc12 ture. 

13 ‘‘(F) PRIVATE ENTITY.— 

14 ‘‘(i) IN GENERAL.—An eligible entity 

15 receiving a grant under this subsection 

16 may use the funds in accordance with this 

17 paragraph to contract with a private entity 

18 for installation, operation, or maintenance 

19 of electric vehicle charging or hydrogen 

20 fueling infrastructure. 

21 ‘‘(ii) INCLUSION.—An eligible private 

22 entity shall include a privately, publicly, or 

23 cooperatively owned electric utility. 

24 ‘‘(6) PROJECT REQUIREMENTS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law, any project funded by a 

3 grant under this subsection shall be treated as 

4 a project on a Federal-aid highway. 

5 ‘‘(B) ELECTRIC VEHICLE CHARGING

6 PROJECTS.—A project for electric vehicle charg7 ing infrastructure funded by a grant under this 

8 subsection shall be subject to the requirements 

9 of section 155. 

10 ‘‘(7) FEDERAL SHARE.—The Federal share of 

11 the cost of a project carried out with a grant under 

12 this subsection shall not exceed 80 percent of the 

13 total project cost.’’. 

14 SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS. 

15 (a) IN GENERAL.—Chapter 1 of title 23, United 

16 States Code, as amended by this title, is further amended 

17 by inserting after section 171 the following: 

18 ‘‘§ 172. Community climate innovation grants 

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab20 lish a community climate innovation grant program (in 

21 this section referred to as the ‘Program’) to make grants, 

22 on a competitive basis, for locally selected projects that 

23 reduce greenhouse gas emissions while improving the mo24 bility, accessibility, and connectivity of the surface trans25 portation system. 


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1 ‘‘(b) PURPOSE.—The purpose of the Program shall 

2 be to support communities in reducing greenhouse gas 

3 emissions from the surface transportation system. 

4 ‘‘(c) ELIGIBLE APPLICANTS.—The Secretary may 

5 make grants under the Program to the following entities: 

6 ‘‘(1) A metropolitan planning organization. 

7 ‘‘(2) A unit of local government or a group of 

8 local governments. 

9 ‘‘(3) A subdivision of a local government. 

10 ‘‘(4) A transit agency. 

11 ‘‘(5) A special purpose district with a transpor12 tation function or a port authority. 

13 ‘‘(6) A Tribal government or a consortium of 

14 tribal governments. 

15 ‘‘(7) A multijurisdictional group of entities de16 scribed in paragraphs (1) through (6). 

17 ‘‘(d) APPLICATIONS.—To be eligible for a grant 

18 under the Program, an entity specified in subsection (c) 

19 shall submit to the Secretary an application in such form, 

20 at such time, and containing such information as the Sec21 retary determines appropriate. 

22 ‘‘(e) ELIGIBLE PROJECTS.—The Secretary may only 

23 provide a grant under the Program for a project that is 

24 expected to yield a significant reduction in greenhouse gas 

25 emissions from the surface transportation system and— 


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1 ‘‘(1) is a project eligible for assistance under 

2 this title or under chapter 53 of title 49; or 

3 ‘‘(2) is a capital project as defined in section 

4 22906 of title 49 to improve intercity passenger rail 

5 that will yield a significant reduction in single occu6 pant vehicle trips and improve mobility on public 

7 roads. 

8 ‘‘(f) ELIGIBLE USES.—Grant amounts received for a 

9 project under the Program may be used for— 

10 ‘‘(1) development phase activities, including 

11 planning, feasibility analysis, revenue forecasting, 

12 environmental review, preliminary engineering and 

13 design work, and other preconstruction activities; 

14 and 

15 ‘‘(2) construction, reconstruction, rehabilitation, 

16 acquisition of real property (including land related 

17 to the project and improvements to the land), envi18 ronmental mitigation, construction contingencies, ac19 quisition of equipment, and operational improve20 ments. 

21 ‘‘(g) PROJECT PRIORITIZATION.—In making grants 

22 for projects under the Program, the Secretary shall give 

23 priority to projects that are expected to yield the most sig24 nificant reductions in greenhouse gas emissions from the 

25 surface transportation system. 


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1 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In making 

2 grants for projects under the Program, the Secretary shall 

3 consider the extent to which— 

4 ‘‘(1) a project maximizes greenhouse gas reduc5 tions in a cost-effective manner; 

6 ‘‘(2) a project reduces dependence on single-oc7 cupant vehicle trips or provides additional transpor8 tation options; 

9 ‘‘(3) a project improves the connectivity and ac10 cessibility of the surface transportation system, par11 ticularly to low- and zero-emission forms of trans12 portation, including public transportation, walking, 

13 and bicycling; 

14 ‘‘(4) an applicant has adequately considered or 

15 will adequately consider, including through the op16 portunity for public comment, the environmental jus17 tice and equity impacts of the project; 

18 ‘‘(5) a project contributes to geographic diver19 sity among grant recipients, including to achieve a 

20 balance between urban, suburban, and rural commu21 nities; 

22 ‘‘(6) a project serves low-income communities, 

23 including areas of persistent poverty; and 

24 ‘‘(7) a project uses pavement materials that 

25 demonstrate reductions in greenhouse gas emissions 


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1 through sequestration or innovative manufacturing 

2 processes. 

3 ‘‘(i) FUNDING.— 

4 ‘‘(1) MAXIMUM AMOUNT.—The maximum 

5 amount of a grant under the Program shall be 

6 $25,000,000. 

7 ‘‘(2) TECHNICAL ASSISTANCE.—Of the amounts 

8 made available to carry out the Program, the Sec9 retary may use up to 1 percent to provide technical 

10 assistance to applicants and potential applicants. 

11 ‘‘(j) TREATMENT OF PROJECTS.— 

12 ‘‘(1) FEDERAL REQUIREMENTS.—The Secretary 

13 shall, with respect to a project funded by a grant 

14 under this section, apply— 

15 ‘‘(A) the requirements of this title to a 

16 highway project; 

17 ‘‘(B) the requirements of chapter 53 of 

18 title 49 to a public transportation project; and 

19 ‘‘(C) the requirements of section 22905 of 

20 title 49 to a passenger rail or freight rail 

21 project. 

22 ‘‘(2) MULTIMODAL PROJECTS.— 

23 ‘‘(A) IN GENERAL.—Except as otherwise 

24 provided in this paragraph, if an eligible project 

25 is a multimodal project, the Secretary shall— 


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1 ‘‘(i) determine the predominant modal 

2 component of the project; and 

3 ‘‘(ii) apply the applicable requirements 

4 of such predominant modal component to 

5 the project. 

6 ‘‘(B) EXCEPTIONS.— 

7 ‘‘(i) PASSENGER OR FREIGHT RAIL

8 COMPONENT.—For any passenger or 

9 freight rail component of a project, the re10 quirements of section 22907(j)(2) of title 

11 49 shall apply. 

12 ‘‘(ii) PUBLIC TRANSPORTATION COM13 PONENT.—For any public transportation 

14 component of a project, the requirements 

15 of section 5333 of title 49 shall apply. 

16 ‘‘(C) BUY AMERICA.—In applying the Buy 

17 American requirements under section 313 of 

18 this title and sections 5320, 22905(a), and 

19 24305(f) of title 49 to a multimodal project 

20 under this paragraph, the Secretary shall— 

21 ‘‘(i) consider the various modal com22 ponents of the project; and 

23 ‘‘(ii) seek to maximize domestic jobs. 

24 ‘‘(3) FEDERAL-AID HIGHWAY REQUIRE25 MENTS.—Notwithstanding any other provision of 


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1 this subsection, the Secretary shall require recipients 

2 of grants under this section to comply with sub3 section (a) of section 113 with respect to public 

4 transportation projects, passenger rail projects, and 

5 freight rail projects, in the same manner that recipi6 ents of grants are required to comply with such sub7 section for construction work performed on highway 

8 projects on Federal-aid highways. 

9 ‘‘(k) SINGLE-OCCUPANCY VEHICLE HIGHWAY FA10 CILITIES.—None of the funds provided under this section 

11 may be used for a project that will result in the construc12 tion of new capacity available to single occupant vehicles 

13 unless the project consists of a high-occupancy vehicle fa14 cility and is consistent with section 166. 

15 ‘‘(l) DEFINITION OF AREAS OF PERSISTENT POV16 ERTY.—In this section, the term ‘areas of persistent pov17 erty’ means— 

18 ‘‘(1) any county that has had 20 percent or 

19 more of the population of such county living in pov20 erty over the past 30 years, as measured by the 

21 1990 and 2000 decennial censuses and the most re22 cent Small Area Income and Poverty Estimates; and 

23 ‘‘(2) any census tract with a poverty rate of at 

24 least 20 percent, as measured by the most recent 5- 


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1 year data series available from the American Com2 munity Survey of the Bureau of the Census.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for chap4 ter 1 of title 23, United States Code, is amended by insert5 ing after the item relating to section 171 the following: 

‘‘172. Community climate innovation grants.’’. 

6 SEC. 1305. METRO PERFORMANCE PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary of Transpor8 tation shall provide funding to metropolitan planning or9 ganizations in accordance with this section to enhance 

10 local decision making and control in delivering projects to 

11 address local transportation needs. 

12 (b) DESIGNATION.— 

13 (1) IN GENERAL.—The Secretary shall des14 ignate high-performing metropolitan planning orga15 nizations based on the criteria in paragraph (3) to 

16 be direct recipients of funds under this section. 

17 (2) RESPONSIBILITIES.—A direct recipient shall 

18 assume, with respect to the amounts made available 

19 under this section, any responsibility for the over20 sight of Federal funds vested in a State department 

21 of transportation under chapter 1 of title 23, United 

22 States Code. 

23 (3) CRITERIA.—In designating an applicant 

24 under this subsection, the Secretary shall consider— 


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1 (A) the legal, financial, and technical ca2 pacity of the applicant; 

3 (B) the level of coordination between the 

4 applicant and— 

5 (i) the State department of transpor6 tation of the State or States in which the 

7 metropolitan planning area represented by 

8 the applicant is located; 

9 (ii) local governments and providers of 

10 public transportation within the metropoli11 tan planning area represented by the appli12 cant; and 

13 (iii) if more than 1 metropolitan plan14 ning organization is designated within an 

15 urbanized area represented by the appli16 cant, any other such metropolitan planning 

17 organization; 

18 (C) in the case of an applicant that rep19 resents an urbanized area population of greater 

20 than 200,000, the effectiveness of project deliv21 ery and timely obligation of funds made avail22 able under section 133(d)(1)(A)(i) of title 23, 

23 United States Code; 

24 (D) if the applicant or a local government 

25 within the metropolitan planning area that the 


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1 applicant represents has been the recipient of a 

2 discretionary grant from the Secretary within 

3 the preceding 5 years, the administration of 

4 such grant; 

5 (E) the extent to which the planning and 

6 decision making process of the applicant, in7 cluding the long-range transportation plan and 

8 the approved transportation improvement pro9 gram under section 134 of such title, support— 

10 (i) the performance goals established 

11 under section 150(b) of such title; and 

12 (ii) the achievement of metropolitan 

13 or statewide performance targets estab14 lished under section 150(c) of such title; 

15 and 

16 (F) any other criteria established by the 

17 Secretary. 

18 (4) REQUIREMENTS.— 

19 (A) CALL FOR NOMINATION.—Not later 

20 than April 1, 2022, the Secretary shall publish 

21 in the Federal Register a notice soliciting appli22 cations for designation under this subsection. 

23 (B) GUIDANCE.—The notification under 

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1 quirements and responsibilities of a direct re2 cipient under this section. 

3 (C) DETERMINATION.—The Secretary 

4 shall make all designations under this section 

5 for fiscal year 2023 not later than June 1, 

6 2022. 

7 (5) TERM.—Except as provided in paragraph 

8 (6), a designation under this subsection shall— 

9 (A) be for a period of not less than 5 

10 years; and 

11 (B) be renewable. 

12 (6) TERMINATION.— 

13 (A) IN GENERAL.—The Secretary shall es14 tablish procedures for the termination of a des15 ignation under this subsection. 

16 (B) CONSIDERATIONS.—In establishing 

17 procedures under subparagraph (A), the Sec18 retary shall consider— 

19 (i) with respect to projects carried out 

20 under this section, compliance with the re21 quirements of title 23, United States Code, 

22 or chapter 53 of title 49, United States 

23 Code; and 

24 (ii) the obligation rate of any funds— 


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1 (I) made available under this sec2 tion; and 

3 (II) in the case of a metropolitan 

4 planning organization that represents 

5 a metropolitan planning area with an 

6 urbanized area population of greater 

7 than 200,000, made available under 

8 section 133(d)(1)(A) of title 23, 

9 United States Code. 

10 (c) USE OF FUNDS.— 

11 (1) ELIGIBLE PROJECTS.—Funds made avail12 able under this section may be obligated for the pur13 poses described in section 133(b) of title 23, United 

14 States Code. 

15 (2) ADMINISTRATIVE EXPENSES AND TECH16 NICAL ASSISTANCE.—Of the amounts made available 

17 under this section, the Secretary may set aside not 

18 more than $5,000,000 for program management, 

19 oversight, and technical assistance to direct recipi20 ents. 

21 (d) RESPONSIBILITIES OF DIRECT RECIPIENTS.— 

22 (1) DIRECT AVAILABILITY OF FUNDS.—Not23 withstanding title 23, United States Code, the 

24 amounts made available under this section shall be 

25 allocated to each direct recipient for obligation. 


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1 (2) PROJECT DELIVERY.— 

2 (A) IN GENERAL.—At the request of the 

3 direct recipient, the State may collaborate with 

4 a project sponsor to ensure delivery of the 

5 project and compliance with all applicable Fed6 eral requirements. 

7 (B) USE OF FUNDS.—Amounts made 

8 available under this section may be used to 

9 compensate the State for costs incurred in pro10 viding technical assistance under this para11 graph. 

12 (3) DISTRIBUTION OF AMOUNTS AMONG DIRECT

13 RECIPIENTS.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), on the first day of the fiscal year for 

16 which funds are made available under this sec17 tion, the Secretary shall allocate such funds to 

18 each direct recipient as the proportion of the 

19 population (as determined by data collected by 

20 the Bureau of the Census) of the urbanized 

21 area represented by any 1 direct recipient bears 

22 to the total population of all of urbanized areas 

23 represented by all direct recipients. 

24 (B) MINIMUM AND MAXIMUM AMOUNTS.— 

25 Each direct recipient shall receive not less than 


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1 $10,000,000 and not more than $50,000,000 

2 each fiscal year. 

3 (C) MINIMUM GUARANTEED AMOUNT.—In 

4 making a determination whether to designate a 

5 metropolitan planning organization as a direct 

6 recipient under subsection (b), the Secretary 

7 shall ensure that each direct recipient receives 

8 the minimum required allocation under sub9 paragraph (B). 

10 (D) ADDITIONAL AMOUNTS.—If any 

11 amounts remain unallocated after the distribu12 tion described in this subsection, such remain13 ing amounts and an associated amount of obli14 gation limitation shall be made available for the 

15 purposes described in clauses (i) and (ii) of sec16 tion 133(d)(1)(A) of title 23, United States 

17 Code, and distributed among the States in pro18 portion to the relative shares of the population 

19 (as determined by data collected by the Bureau 

20 of the Census) of the urbanized areas of each 

21 State bears to the total population of all urban22 ized areas across all States. 

23 (4) ASSUMPTION OF RESPONSIBILITY OF THE

24 SECRETARY.— 


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1 (A) IN GENERAL.—For projects carried 

2 out with funds provided under this section, the 

3 direct recipient may assume the responsibilities 

4 of the Secretary under title 23, United States 

5 Code, for design, plans, specifications, esti6 mates, contract awards, and inspections with 

7 respect to the projects unless the Secretary de8 termines that the assumption is not appro9 priate. 

10 (B) AGREEMENT.—The Secretary and the 

11 direct recipient shall enter into an agreement 

12 relating to the extent to which the direct recipi13 ent assumes the responsibilities of the Secretary 

14 under this paragraph. 

15 (C) LIMITATIONS.—The Secretary shall re16 tain responsibilities described in subparagraph 

17 (A) for any project that the Secretary deter18 mines to be in a high-risk category, including 

19 projects on the National Highway System. 

20 (e) EXPENDITURE OF FUNDS.— 

21 (1) CONSISTENCY WITH METROPOLITAN PLAN22 NING.—Except as otherwise provided in this section, 

23 programming and expenditure of funds for projects 

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1 quirements of section 134 of title 23, United States 

2 Code. 

3 (2) SELECTION OF PROJECTS.— 

4 (A) IN GENERAL.—Notwithstanding sub5 sections (j)(5) and (k)(4) of section 134 of such 

6 title, a direct recipient shall select, from the ap7 proved transportation improvement program 

8 under section 134 of such title, all projects de9 scribed under this section, including projects on 

10 the National Highway System. 

11 (B) ELIGIBLE PROJECTS.—The project se12 lection process described in this subsection shall 

13 apply to all federally funded projects within the 

14 boundaries of a metropolitan planning area 

15 served by a direct recipient that are carried out 

16 under this section. 

17 (C) CONSULTATION REQUIRED.—In select18 ing a project under this subsection, the metro19 politan planning organization shall consult 

20 with— 

21 (i) in the case of a highway project, 

22 the State and locality in which such project 

23 is located; and 


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1 (ii) in the case of a transit project, 

2 any affected public transportation oper3 ator. 

4 (3) RULE OF CONSTRUCTION.—Nothing in this 

5 section shall be construed to limit the ability of a di6 rect recipient to partner with a State department of 

7 transportation or other recipient of Federal funds 

8 under title 23, United States Code, or chapter 53 of 

9 title 49, United States Code, to carry out a project. 

10 (f) TREATMENT OF FUNDS.— 

11 (1) IN GENERAL.—Except as provided in this 

12 section, funds made available to carry out this sec13 tion shall be treated as funds apportioned under title 

14 23, United States Code. 

15 (2) TREATMENT OF PROJECTS.—Notwith16 standing any other provision of law, any project 

17 using funds provided under this section shall be 

18 treated as a project on a Federal-aid highway under 

19 chapter 1 of title 23, United States Code. 

20 (3) FEDERAL SHARE.—The Federal share of 

21 the cost of a project carried out under this section 

22 shall be determined in accordance with section 120 

23 of title 23, United States Code. 

24 (g) REPORT.— 


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1 (1) DIRECT RECIPIENT REPORT.—Not later 

2 than 60 days after the end of each fiscal year, each 

3 direct recipient shall submit to the Secretary a re4 port that includes— 

5 (A) a list of projects funded with amounts 

6 provided under this section; 

7 (B) a description of any obstacles to com8 plete projects or timely obligation of funds; and 

9 (C) recommendations to improve the effec10 tiveness of the program under this section. 

11 (2) REPORT TO CONGRESS.—Not later than Oc12 tober 1, 2024, the Secretary shall submit to the 

13 Committee on Environment and Public Works of the 

14 Senate and the Committee on Transportation and 

15 Infrastructure of the House of Representatives a re16 port that— 

17 (A) summarizes the findings of each direct 

18 recipient provided under paragraph (1); 

19 (B) describes the efforts undertaken by 

20 both direct recipients and the Secretary to en21 sure compliance with the requirements of title 

22 23 and chapter 53 of title 49, United States 

23 Code; 


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1 (C) analyzes the capacity of direct recipi2 ents to receive direct allocations of funds under 

3 chapter 1 of title 23, United States Code; and 

4 (D) provides recommendations from the 

5 Secretary to— 

6 (i) improve the administration, over7 sight, and performance of the program es8 tablished under this section; 

9 (ii) improve the effectiveness of direct 

10 recipients to complete projects and obligate 

11 funds in a timely manner; and 

12 (iii) evaluate options to expand the 

13 authority provided under this section, in14 cluding to allow for the direct allocation to 

15 metropolitan planning organizations of 

16 funds made available to carry out clause 

17 (i) or (ii) of section 133(d)(1)(A) of title 

18 23, United States Code. 

19 (3) UPDATE.—Not less frequently than every 2 

20 years, the Secretary shall update the report de21 scribed in paragraph (2). 

22 (h) DEFINITIONS.— 

23 (1) DIRECT RECIPIENT.—In this section, the 

24 term ‘‘direct recipient’’ means a metropolitan plan25 ning organization designated by the Secretary as 


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1 high-performing under subsection (b) and that was 

2 directly allocated funds as described in subsection 

3 (d). 

4 (2) METROPOLITAN PLANNING AREA.—The 

5 term ‘‘metropolitan planning area’’ has the meaning 

6 given such term in section 134 of title 23, United 

7 States Code. 

8 (3) METROPOLITAN PLANNING ORGANIZA9 TION.—The term ‘‘metropolitan planning organiza10 tion’’ has the meaning given such term in section 

11 134 of title 23, United States Code. 

12 (4) NATIONAL HIGHWAY SYSTEM.—The term 

13 ‘‘National Highway System’’ has the meaning given 

14 such term in section 101 of title 23, United States 

15 Code. 

16 (5) STATE.—The term ‘‘State’’ has the mean17 ing given such term in section 101 of title 23, 

18 United States Code. 

19 (6) URBANIZED AREA.—The term ‘‘urbanized 

20 area’’ has the meaning given such term in section 

21 134 of title 23, United States Code. 

22 SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM. 

23 (a) ESTABLISHMENT.—The Secretary of Transpor24 tation shall establish a gridlock reduction program to 

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1 duce, and mitigate the adverse impacts of, traffic conges2 tion. 

3 (b) APPLICATIONS.—To be eligible for a grant under 

4 this section, an applicant shall submit to the Secretary an 

5 application in such form, at such time, and containing 

6 such information as the Secretary determines appropriate. 

7 (c) ELIGIBLE APPLICANTS.—The Secretary may 

8 make grants under this section to an applicant that is 

9 serving an urbanized area, as designated by the Bureau 

10 of the Census, with a population of not less than 

11 1,000,000 and that is— 

12 (1) a metropolitan planning organization; 

13 (2) a unit of local government or a group of 

14 local governments; 

15 (3) a multijurisdictional group of entities de16 scribed in paragraphs (1) and (2); or 

17 (4) a State that is in partnership with an entity 

18 described in paragraph (1), (2), or (3). 

19 (d) ELIGIBLE PROJECTS.—The Secretary may award 

20 grants under this section to applicants that submit a com21 prehensive program of surface transportation-related 

22 projects to reduce traffic congestion and related adverse 

23 impacts, including a project for 1 or more of the following: 

24 (1) Transportation systems management and 

25 operations. 


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1 (2) Intelligent transportation systems. 

2 (3) Real-time traveler information. 

3 (4) Traffic incident management. 

4 (5) Active traffic management. 

5 (6) Traffic signal timing. 

6 (7) Multimodal travel payment systems. 

7 (8) Transportation demand management, in8 cluding employer-based commuting programs such 

9 as carpool, vanpool, transit benefit, parking cashout, 

10 shuttle, or telework programs. 

11 (9) A project to provide transportation options 

12 to reduce traffic congestion, including— 

13 (A) a project under chapter 53 of title 49, 

14 United States Code; and 

15 (B) a bicycle or pedestrian project, includ16 ing a project to provide safe and connected ac17 tive transportation networks. 

18 (10) Any other project, as determined appro19 priate by the Secretary. 

20 (e) AWARD PRIORITIZATION.— 

21 (1) IN GENERAL.—In selecting grants under 

22 this section, the Secretary shall prioritize applicants 

23 serving urbanized areas, as described in subsection 

24 (c), that are experiencing a high degree of recurrent 


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1 transportation congestion, as determined by the Sec2 retary. 

3 (2) ADDITIONAL CONSIDERATIONS.—In select4 ing grants under this section, the Secretary shall 

5 also consider the extent to which the project 

6 would— 

7 (A) reduce traffic congestion and improve 

8 the reliability of the surface transportation sys9 tem; 

10 (B) mitigate the adverse impacts of traffic 

11 congestion on the surface transportation sys12 tem, including safety and environmental im13 pacts; 

14 (C) maximize the use of existing capacity; 

15 and 

16 (D) employ innovative, integrated, and 

17 multimodal solutions to the items described in 

18 subparagraphs (A), (B), and (C). 

19 (f) FEDERAL SHARE.— 

20 (1) IN GENERAL.—The Federal share of the 

21 cost of a project carried out under this section may 

22 not exceed 60 percent. 

23 (2) MAXIMUM FEDERAL SHARE.—Federal as24 sistance other than a grant for a project under this 

25 section may be used to satisfy the non-Federal share 


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1 of the cost of such project, except that the total Fed2 eral assistance provided for a project receiving a 

3 grant under this section may not exceed 80 percent 

4 of the total project cost. 

5 (g) USE OF FUNDS.—Funds made available for a 

6 project under this section may be used for— 

7 (1) development phase activities, including plan8 ning, feasibility analysis, revenue forecasting, envi9 ronmental review, preliminary engineering and de10 sign work, and other preconstruction activities; and 

11 (2) construction, reconstruction, rehabilitation, 

12 acquisition of real property (including land related 

13 to the project and improvements to the land), envi14 ronmental mitigation, construction contingencies, ac15 quisition of equipment, and operational improve16 ments. 

17 (h) FUNDING.— 

18 (1) GRANT AMOUNT.—A grant under this sec19 tion shall be in an amount not less than 

20 $10,000,000 and not more than $50,000,000. 

21 (2) AVAILABILITY.—Funds made available 

22 under this program shall be available until expended. 

23 (i) FREIGHT PROJECT SET-ASIDE.— 

24 (1) IN GENERAL.—The Secretary shall set aside 

25 not less than 50 percent of the funds made available 


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1 to carry out this section for grants for freight 

2 projects under this subsection. 

3 (2) ELIGIBLE USES.—The Secretary shall pro4 vide funds set aside under this subsection to appli5 cants that submit a comprehensive program of sur6 face transportation-related projects to reduce 

7 freight-related traffic congestion and related adverse 

8 impacts, including— 

9 (A) freight intelligent transportation sys10 tems; 

11 (B) real-time freight parking information; 

12 (C) real-time freight routing information; 

13 (D) freight transportation and delivery 

14 safety projects; 

15 (E) first-mile and last-mile delivery solu16 tions; 

17 (F) shifting freight delivery to off-peak 

18 travel times; 

19 (G) reducing greenhouse gas emissions and 

20 air pollution from freight transportation and 

21 delivery, including through the use of innovative 

22 vehicles that produce fewer greenhouse gas 

23 emissions; 

24 (H) use of centralized delivery locations; 


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1 (I) designated freight vehicle parking and 

2 staging areas; 

3 (J) curb space management; and 

4 (K) other projects, as determined appro5 priate by the Secretary. 

6 (3) AWARD PRIORITIZATION.— 

7 (A) IN GENERAL.—In providing funds set 

8 aside under this section, the Secretary shall 

9 prioritize applicants serving urbanized areas, as 

10 described in subsection (c), that are experi11 encing a high degree of recurrent congestion 

12 due to freight transportation, as determined by 

13 the Secretary. 

14 (B) ADDITIONAL CONSIDERATIONS.—In 

15 providing funds set aside under this subsection, 

16 the Secretary shall consider the extent to which 

17 the proposed project— 

18 (i) reduces freight-related traffic con19 gestion and improves the reliability of the 

20 freight transportation system; 

21 (ii) mitigates the adverse impacts of 

22 freight-related traffic congestion on the 

23 surface transportation system, including 

24 safety and environmental impacts; 


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1 (iii) maximizes the use of existing ca2 pacity; 

3 (iv) employs innovative, integrated, 

4 and multimodal solutions to the items de5 scribed in clauses (i) through (iii); and 

6 (v) leverages Federal funds with non7 Federal contributions. 

8 (4) FLEXIBILITY.—If the Secretary determines 

9 that there are insufficient qualified applicants to use 

10 the funds set aside under this subsection, the Sec11 retary may use such funds for grants for any 

12 projects eligible under this section. 

13 (j) REPORT.— 

14 (1) RECIPIENT REPORT.—The Secretary shall 

15 ensure that not later than 2 years after the Sec16 retary awards grants under this section, the recipi17 ent of each such grant submits to the Secretary a 

18 report that contains— 

19 (A) information on each activity or project 

20 that received funding under this section; 

21 (B) a summary of any non-Federal re22 sources leveraged by a grant under this section; 

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1 ronmental benefits achieved through activities 

2 or projects that received funding under this sec3 tion; and 

4 (D) any additional information required by 

5 the Secretary. 

6 (2) REPORT TO CONGRESS.—Not later than 6 

7 months after the date specified in paragraph (1), the 

8 Secretary shall submit to the Committee on Trans9 portation and Infrastructure of the House of Rep10 resentatives and the Committee on Environment and 

11 Public Works, the Committee on Commerce, Science, 

12 and Transportation, and the Committee on Banking, 

13 Housing, and Urban Affairs of the Senate, and 

14 make publicly available on a website, a report detail15 ing— 

16 (A) a summary of any information pro17 vided under paragraph (1); and 

18 (B) recommendations and best practices 

19 to— 

20 (i) reduce traffic congestion, including 

21 freight-related traffic congestion, and im22 prove the reliability of the surface trans23 portation system; 

24 (ii) mitigate the adverse impacts of 

25 traffic congestion, including freight-related 


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1 traffic congestion, on the surface transpor2 tation system, including safety and envi3 ronmental impacts; and 

4 (iii) employ innovative, integrated, 

5 and multimodal solutions to the items de6 scribed in clauses (i) and (ii). 

7 (k) NOTIFICATION.—Not later than 3 business days 

8 before awarding a grant under this section, the Secretary 

9 shall notify the Committee on Transportation and Infra10 structure of the House of Representatives and the Com11 mittee on Environment and Public Works, the Committee 

12 on Commerce, Science, and Transportation, and the Com13 mittee on Banking, Housing, and Urban Affairs of the 

14 Senate of the intention to award such a grant. 

15 (l) TREATMENT OF PROJECTS.— 

16 (1) FEDERAL REQUIREMENTS.—The Secretary 

17 shall, with respect to a project funded by a grant 

18 under this section, apply— 

19 (A) the requirements of title 23, United 

20 States Code, to a highway project; 

21 (B) the requirements of chapter 53 of title 

22 49, United States Code, to a public transpor23 tation project; and 


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1 (C) the requirements of section 22905 of 

2 title 49, United States Code, to a passenger rail 

3 or freight rail project. 

4 (2) MULTIMODAL PROJECTS.— 

5 (A) IN GENERAL.—Except as otherwise 

6 provided in this paragraph, if an eligible project 

7 is a multimodal project, the Secretary shall— 

8 (i) determine the predominant modal 

9 component of the project; and 

10 (ii) apply the applicable requirements 

11 of such predominant modal component to 

12 the project. 

13 (B) EXCEPTIONS.— 

14 (i) PASSENGER OR FREIGHT RAIL

15 COMPONENT.—For any passenger or 

16 freight rail component of a project, the re17 quirements of section 22907(j)(2) of title 

18 49, United States Code, shall apply. 

19 (ii) PUBLIC TRANSPORTATION COMPO20 NENT.—For any public transportation 

21 component of a project, the requirements 

22 of section 5333 of title 49, United States 

23 Code, shall apply. 

24 (C) BUY AMERICA.—In applying the Buy 

25 American requirements under section 313 of 


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1 title 23, United States Code, and sections 5320, 

2 22905(a), and 24305(f) of title 49, United 

3 States Code, to a multimodal project under this 

4 paragraph, the Secretary shall— 

5 (i) consider the various modal compo6 nents of the project; and 

7 (ii) seek to maximize domestic jobs. 

8 (3) FEDERAL-AID HIGHWAY REQUIREMENTS.— 

9 Notwithstanding any other provision of this sub10 section, the Secretary shall require recipients of 

11 grants under this section to comply with subsection 

12 (a) of section 113 of title 23, United States Code, 

13 with respect to public transportation projects, pas14 senger rail projects, and freight rail projects, in the 

15 same manner that recipients of grants are required 

16 to comply with such subsection for construction 

17 work performed on highway projects on Federal-aid 

18 highways. 

19 (m) TREATMENT OF FUNDS.—Except as provided in 

20 subsection (l), funds authorized for the purposes described 

21 in this section shall be available for obligation in the same 

22 manner as if the funds were apportioned under chapter 

23 1 of title 23, United States Code. 


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1 SEC. 1307. REBUILD RURAL GRANT PROGRAM. 

2 (a) ESTABLISHMENT.—The Secretary of Transpor3 tation shall establish a rebuild rural grant program to im4 prove the safety, state of good repair, and connectivity of 

5 transportation infrastructure in rural communities. 

6 (b) GRANT AUTHORITY.— 

7 (1) IN GENERAL.—In carrying out the program 

8 established in subsection (a), the Secretary shall 

9 make grants, on a competitive basis, in accordance 

10 with this section. 

11 (2) GRANT AMOUNT.—A grant made under this 

12 program shall be for no more than $25,000,000. 

13 (c) ELIGIBLE APPLICANTS.—The Secretary may 

14 make a grant under this section to— 

15 (1) a State; 

16 (2) a metropolitan planning organization or a 

17 regional transportation planning organization; 

18 (3) a unit of local government; 

19 (4) a Federal land management agency; 

20 (5) a Tribal government or a consortium of 

21 Tribal governments; and 

22 (6) a multijurisdictional group of entities de23 scribed in this subsection. 

24 (d) APPLICATIONS.—To be eligible for a grant under 

25 this section, an entity specified under subsection (c) shall 

26 submit to the Secretary an application in such form, at 


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1 such time, and containing such information as the Sec2 retary determines is appropriate. 

3 (e) ELIGIBLE PROJECTS.—The Secretary shall pro4 vide grants under this section to projects eligible under 

5 title 23, United States Code, including projects on and off 

6 the Federal-aid highway system, that improve safety, state 

7 of good repair, or connectivity in a rural community, in8 cluding projects to— 

9 (1) improve transportation safety, including 

10 projects on high-risk rural roads and on Federal 

11 lands; 

12 (2) improve state of good repair, including 

13 projects to repair and rehabilitate bridges on and off 

14 the Federal-aid highway system; 

15 (3) provide or increase access to jobs and serv16 ices; 

17 (4) provide or increase access to— 

18 (A) a grain elevator; 

19 (B) an agricultural facility; 

20 (C) a mining facility; 

21 (D) a forestry facility; 

22 (E) an intermodal facility; or 

23 (F) any other facility that supports the 

24 economy of a rural community; and 


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1 (5) reduce vehicle-wildlife collisions and improve 

2 habitat connectivity. 

3 (f) ELIGIBLE PROJECT COSTS.—Grant amounts for 

4 a project under this section may be used for— 

5 (1) development phase activities, including plan6 ning, feasibility analysis, revenue forecasting, envi7 ronmental review, preliminary engineering and de8 sign work, and other preconstruction activities; and 

9 (2) construction, reconstruction, rehabilitation, 

10 acquisition of real property (including land related 

11 to the project and improvements to the land), envi12 ronmental mitigation, construction contingencies, ac13 quisition of equipment, and operational improve14 ments. 

15 (g) FEDERAL SHARE.— 

16 (1) IN GENERAL.—The share of the cost of a 

17 project provided with a grant under this section may 

18 not exceed 80 percent of the total cost of such 

19 project. 

20 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

21 assistance other than a grant under this section may 

22 be used to satisfy up to 100 percent of the total cost 

23 of such project. 

24 (h) PRIORITY.—In making grants under this section, 

25 the Secretary shall prioritize projects that address— 


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1 (1) significant transportation safety challenges; 

2 (2) state of good repair challenges that pose 

3 safety risks or risks to a local economy; 

4 (3) economic development challenges; 

5 (4) connectivity challenges that limit access to 

6 jobs or services; and 

7 (5) coordination of projects in the highway 

8 right-of-way with proposed broadband service infra9 structure needs. 

10 (i) NOTIFICATION.—Not later than 3 business days 

11 before awarding a grant under this section, the Secretary 

12 of Transportation shall notify the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public Works of 

15 the Senate of the intention to award such a grant. 

16 (j) TREATMENT OF PROJECTS.—Notwithstanding 

17 any other provision of law, a project carried out under this 

18 section shall be treated as if the project is located on a 

19 Federal-aid highway. 

20 (k) DEFINITION OF RURAL COMMUNITY.—In this 

21 section, the term ‘‘rural community’’ means an area that 

22 is not an urbanized area, as such term is defined in section 

23 101(a) of title 23, United States Code. 


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1 SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES. 

2 (a) ESTABLISHMENT.—The Secretary of Transpor3 tation shall establish a program under which the Secretary 

4 shall make grants, on a competitive basis, to eligible enti5 ties to address the shortage of parking for commercial 

6 motor vehicles to improve the safety of commercial motor 

7 vehicle operators. 

8 (b) APPLICATIONS.—To be eligible for a grant under 

9 this section, an eligible entity shall submit to the Secretary 

10 an application in such form, at such time, and containing 

11 such information as the Secretary may require. 

12 (c) ELIGIBLE PROJECTS.—Projects eligible under 

13 this section are projects that— 

14 (1) construct safety rest areas that include 

15 parking for commercial motor vehicles; 

16 (2) construct commercial motor vehicle parking 

17 facilities— 

18 (A) adjacent to private commercial truck19 stops and travel plazas; 

20 (B) within the boundaries of, or adjacent 

21 to, a publicly owned freight facility, including a 

22 port terminal operated by a public authority; 

23 and 

24 (C) at existing facilities, including inspec25 tion and weigh stations and park-and-ride loca26 tions; 


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1 (3) open existing weigh stations, safety rest 

2 areas, and park-and-ride facilities to commercial 

3 motor vehicle parking; 

4 (4) facilitate access to publicly and privately 

5 provided commercial motor vehicle parking, such as 

6 through the use of intelligent transportation sys7 tems; 

8 (5) construct turnouts along a Federal-aid 

9 highway for commercial motor vehicles; 

10 (6) make capital improvements to public com11 mercial motor vehicle parking facilities that are 

12 closed on a seasonal basis to allow the facilities to 

13 remain open year-round; 

14 (7) open existing commercial motor vehicle 

15 chain-up areas that are closed on a seasonal basis to 

16 allow the facilities to remain open year-round for 

17 commercial motor vehicle parking; 

18 (8) address commercial motor vehicle parking 

19 and layover needs in emergencies that strain the ca20 pacity of existing publicly and privately provided 

21 commercial motor vehicle parking; and 

22 (9) make improvements to existing commercial 

23 motor vehicle parking facilities, including advanced 

24 truckstop electrification systems. 

25 (d) USE OF FUNDS.— 


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1 (1) IN GENERAL.—An eligible entity may use a 

2 grant under this section for— 

3 (A) development phase activities, including 

4 planning, feasibility analysis, benefit-cost anal5 ysis, environmental review, preliminary engi6 neering and design work, and other 

7 preconstruction activities necessary to advance 

8 a project described in subsection (c); and 

9 (B) construction and operational improve10 ments, as such terms are defined in section 101 

11 of title 23, United States Code. 

12 (2) PRIVATE SECTOR PARTICIPATION.—An eli13 gible entity that receives a grant under this section 

14 may partner with a private entity to carry out an eli15 gible project under this section. 

16 (3) LIMITATION.—Not more than 10 percent of 

17 the amounts made available to carry out this section 

18 may be used to promote the availability of existing 

19 commercial motor vehicle parking. 

20 (e) SELECTION CRITERIA.—In making grants under 

21 this section, the Secretary shall consider— 

22 (1) in the case of construction of new commer23 cial motor vehicle parking capacity, the shortage of 

24 public and private commercial motor vehicle parking 

25 near the project; and 


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1 (2) the extent to which each project— 

2 (A) would increase commercial motor vehi3 cle parking capacity or utilization; 

4 (B) would facilitate the efficient movement 

5 of freight; 

6 (C) would improve safety, traffic conges7 tion, and air quality; 

8 (D) is cost effective; and 

9 (E) reflects consultation with motor car10 riers, commercial motor vehicle operators, and 

11 private providers of commercial motor vehicle 

12 parking. 

13 (f) NOTIFICATION OF CONGRESS.—Not later than 3 

14 business days before awarding a grant under this section, 

15 the Secretary of Transportation shall notify the Com16 mittee on Transportation and Infrastructure of the House 

17 of Representatives and the Committee on Environment 

18 and Public Works of the Senate of the intention to award 

19 such a grant. 

20 (g) TREATMENT OF FUNDS.— 

21 (1) TREATMENT OF PROJECTS.—Notwith22 standing any other provision of law, any project 

23 funded by a grant under this section shall be treated 

24 as a project on a Federal-aid highway under chapter 

25 1 of title 23, United States Code. 


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1 (2) FEDERAL SHARE.—The Federal share of 

2 the cost of a project under this section shall be de3 termined in accordance with subsections (b) and (c) 

4 of section 120 of title 23, United States Code. 

5 (h) AMENDMENT TO MAP–21.—Section 1401(c)(1) 

6 of MAP–21 (23 U.S.C. 137 note) is amended— 

7 (1) by inserting ‘‘and private providers of com8 mercial motor vehicle parking’’ after ‘‘personnel’’; 

9 and 

10 (2) in subparagraph (A) by striking ‘‘the capa11 bility of the State to provide’’ and inserting ‘‘the 

12 availability of’’. 

13 (i) SURVEY; COMPARATIVE ASSESSMENT; REPORT.— 

14 (1) UPDATE.—Not later than 18 months after 

15 the date of enactment of this Act, the Secretary 

16 shall update the survey of each State required under 

17 section 1401(c)(1) of the MAP–21 (23 U.S.C. 137 

18 note). 

19 (2) REPORT.—Not later than 1 year after the 

20 deadline under paragraph (1), the Secretary shall 

21 publish on the website of the Department of Trans22 portation and submit to the Committee on Transpor23 tation and Infrastructure of the House of Represent24 atives and the Committee on Environment and Pub25 lic Works of the Senate a report that— 


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1 (A) evaluates the availability of adequate 

2 parking and rest facilities for commercial motor 

3 vehicles engaged in interstate transportation; 

4 (B) evaluates the effectiveness of the 

5 projects funded under this section in improving 

6 access to truck parking; and 

7 (C) reports on the progress being made to 

8 provide adequate commercial motor vehicle 

9 parking facilities in the State. 

10 (3) CONSULTATION.—The Secretary shall pre11 pare the report required under paragraph (2) in con12 sultation with— 

13 (A) relevant State motor carrier safety 

14 personnel; 

15 (B) motor carriers and commercial motor 

16 vehicle operators; and 

17 (C) private providers of commercial motor 

18 vehicle parking. 

19 (j) DEFINITIONS.—In this section: 

20 (1) COMMERCIAL MOTOR VEHICLE.—The term 

21 ‘‘commercial motor vehicle’’ has the meaning given 

22 such term in section 31132 of title 49, United 

23 States Code. 

24 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti25 ty’’ means— 


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1 (A) a State; 

2 (B) a metropolitan planning organization; 

3 (C) a unit of local government; 

4 (D) a political subdivision of a State or 

5 local government carrying out responsibilities 

6 relating to commercial motor vehicle parking; 

7 and 

8 (E) a multistate or multijurisdictional 

9 group of entities described in subparagraphs 

10 (A) through (D). 

11 (3) SAFETY REST AREA.—The term ‘‘safety 

12 rest area’’ has the meaning given such term in sec13 tion 120(c) of title 23, United States Code. 

14 SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY 

15 GRANT PROGRAM. 

16 (a) ESTABLISHMENT.—The Secretary of Transpor17 tation shall establish an active transportation connectivity 

18 grant program to provide for safe and connected active 

19 transportation facilities. 

20 (b) GRANT AUTHORITY.—In carrying out the pro21 gram established in subsection (a), the Secretary shall 

22 make grants, on a competitive basis, in accordance with 

23 this section. 

24 (c) ELIGIBLE APPLICANTS.—The Secretary may 

25 make a grant under this section to— 


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1 (1) a State; 

2 (2) a metropolitan planning organization; 

3 (3) a regional transportation authority; 

4 (4) a unit of local government; 

5 (5) a Federal land management agency; 

6 (6) a natural resource or public land agency; 

7 (7) a Tribal government or a consortium of 

8 Tribal governments; 

9 (8) any local or regional governmental entity 

10 with responsibility for or oversight of transportation 

11 or recreational trails; and 

12 (9) a multistate or multijurisdictional group of 

13 entities described in this subsection. 

14 (d) APPLICATIONS.—To be eligible for a grant under 

15 this section, an entity specified under subsection (c) shall 

16 submit to the Secretary an application in such form, at 

17 such time, and containing such information as the Sec18 retary determines is appropriate. 

19 (e) ELIGIBLE PROJECTS.—The Secretary shall pro20 vide grants under this section to projects that improve the 

21 connectivity and the use of active transportation facili22 ties— 

23 (1) including— 

24 (A) active transportation networks; 

25 (B) active transportation spines; and 


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1 (C) planning related to the development 

2 of— 

3 (i) active transportation networks; 

4 (ii) active transportation spines; and 

5 (iii) complete streets plans to create a 

6 connected network of active transportation 

7 facilities, including sidewalks, bikeways, or 

8 pedestrian and bicycle trails; and 

9 (2) that have— 

10 (A) total project costs of not less than 

11 $15,000,000; or 

12 (B) in the case of planning grants under 

13 subsection (f), a total cost of not less than 

14 $100,000. 

15 (f) PLANNING GRANTS.—Of the amounts made avail16 able to carry out this section, the Secretary may use not 

17 more than 10 percent to provide planning grants to eligi18 ble applicants for activities under subsection (e)(1)(C). 

19 (g) CONSIDERATIONS.—In making grants under this 

20 section, the Secretary shall consider the extent to which— 

21 (1) a project is likely to provide substantial ad22 ditional opportunities for walking and bicycling, in23 cluding through the creation of— 

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1 nities, including schools, workplaces, residences, 

2 businesses, recreation areas, and other commu3 nity areas; and 

4 (B) active transportation spines connecting 

5 2 or more communities, metropolitan areas, or 

6 States; 

7 (2) an applicant has adequately considered or 

8 will consider, including through the opportunity for 

9 public comment, the environmental justice and eq10 uity impacts of the project; 

11 (3) the project would improve safety for vulner12 able road users, including through the use of com13 plete street design policies or a safe system ap14 proach; and 

15 (4) a project integrates active transportation fa16 cilities with public transportation services, where 

17 available, to improve access to public transportation. 

18 (h) LIMITATION.— 

19 (1) IN GENERAL.—The share of the cost of a 

20 project assisted with a grant under this section may 

21 not exceed 80 percent. 

22 (2) MAXIMUM FEDERAL ASSISTANCE.—Federal 

23 assistance other than a grant under this section may 

24 be used to satisfy up to 100 percent of the total 

25 project cost. 


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1 (i) ELIGIBLE PROJECT COSTS.—Amounts made 

2 available for a project under this section may be used 

3 for— 

4 (1) development phase activities, including plan5 ning, feasibility analysis, revenue forecasting, envi6 ronmental review, preliminary engineering and de7 sign work, and other preconstruction activities; and 

8 (2) construction, reconstruction, rehabilitation, 

9 acquisition of real property (including land related 

10 to the project and improvements to the land), envi11 ronmental mitigation, construction contingencies, ac12 quisition of equipment, and operational improve13 ments. 

14 (j) NOTIFICATION.—Not later than 3 business days 

15 before awarding a grant under this section, the Secretary 

16 of Transportation shall notify the Committee on Transpor17 tation and Infrastructure of the House of Representatives 

18 and the Committee on Environment and Public Works of 

19 the Senate of the intention to award such a grant. 

20 (k) TREATMENT OF PROJECTS.—Notwithstanding 

21 any other provision of law, a project carried out under this 

22 section shall be treated in the manner described under sec23 tion 133(i) of title 23, United States Code. 

24 (l) DEFINITIONS.—In this section: 


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1 (1) ACTIVE TRANSPORTATION.—The term ‘‘ac2 tive transportation’’ means mobility options powered 

3 primarily by human energy, including bicycling and 

4 walking. 

5 (2) ACTIVE TRANSPORTATION NETWORK.—The 

6 term ‘‘active transportation network’’ means facili7 ties built for active transportation, including side8 walks, bikeways, and pedestrian and bicycle trails, 

9 that connect destinations within a community, a 

10 metropolitan area, or on Federal lands. 

11 (3) ACTIVE TRANSPORTATION SPINE.—The 

12 term ‘‘active transportation spine’’ means facilities 

13 built for active transportation, including sidewalks, 

14 bikeways, and pedestrian and bicycle trails, that con15 nect communities, metropolitan areas, Federal lands, 

16 or States. 

17 (4) SAFE SYSTEM APPROACH.—The term ‘‘safe 

18 system approach’’ has the meaning given such term 

19 in section 148(a) of title 23, United States Code. 

20 (5) VULNERABLE ROAD USER.—The term ‘‘vul21 nerable road user’’ has the meaning given such term 

22 in section 148(a) of title 23, United States Code. 


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1 Subtitle D—Planning, Performance 

2 Management, and Asset Man3 agement 

4 SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING. 

5 Section 134 of title 23, United States Code, is 

6 amended— 

7 (1) in subsection (a) by striking ‘‘resiliency 

8 needs while minimizing transportation-related fuel 

9 consumption and air pollution’’ and inserting ‘‘resil10 iency and climate change adaptation needs while re11 ducing transportation-related fuel consumption, air 

12 pollution, and greenhouse gas emissions’’; 

13 (2) in subsection (b)— 

14 (A) by redesignating paragraphs (6) and 

15 (7) as paragraphs (7) and (8), respectively; and 

16 (B) by inserting after paragraph (5) the 

17 following: 

18 ‘‘(6) STIP.—The term ‘STIP’ means a state19 wide transportation improvement program developed 

20 by a State under section 135(g).’’; 

21 (3) in subsection (c)— 

22 (A) in paragraph (1) by striking ‘‘and 

23 transportation improvement programs’’ and in24 serting ‘‘and TIPs’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(4) CONSIDERATION.—In developing the plans 

2 and TIPs, metropolitan planning organizations shall 

3 consider direct and indirect emissions of greenhouse 

4 gases.’’; 

5 (4) in subsection (d)— 

6 (A) in paragraph (2) by striking ‘‘Not 

7 later than 2 years after the date of enactment 

8 of MAP–21, each’’ and inserting ‘‘Each’’; 

9 (B) in paragraph (3) by adding at the end 

10 the following: 

11 ‘‘(D) CONSIDERATIONS.— 

12 ‘‘(i) EQUITABLE AND PROPORTIONAL

13 REPRESENTATION.—In designating offi14 cials or representatives under paragraph 

15 (2), the metropolitan planning organization 

16 shall consider the equitable and propor17 tional representation of the population of 

18 the metropolitan planning area. 

19 ‘‘(ii) SAVINGS CLAUSE.—Nothing in 

20 this paragraph shall require a metropolitan 

21 planning organization in existence on the 

22 date of enactment of this subparagraph to 

23 be restructured. 

24 ‘‘(iii) REDESIGNATION.—Notwith25 standing clause (ii), the requirements of 


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1 this paragraph shall apply to any metro2 politan planning organization redesignated 

3 under paragraph (6).’’; 

4 (C) in paragraph (6)(B) by striking ‘‘para5 graph (2)’’ and inserting ‘‘paragraphs (2) or 

6 (3)(D)’’; and 

7 (D) in paragraph (7)— 

8 (i) by striking ‘‘an existing metropoli9 tan planning area’’ and inserting ‘‘an ur10 banized area’’; and 

11 (ii) by striking ‘‘the existing metro12 politan planning area’’ and inserting ‘‘the 

13 area’’; 

14 (5) in subsection (g)— 

15 (A) in paragraph (1) by striking ‘‘a metro16 politan area’’ and inserting ‘‘an urbanized 

17 area’’; 

18 (B) in paragraph (2) by striking ‘‘MPOS’’ 

19 and inserting ‘‘METROPOLITAN PLANNING

20 AREAS’’; 

21 (C) in paragraph (3)(A) by inserting 

22 ‘‘emergency response and evacuation, climate 

23 change adaptation and resilience,’’ after ‘‘dis24 aster risk reduction,’’; and 

25 (D) by adding at the end the following: 


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1 ‘‘(4) COORDINATION BETWEEN MPOS.— 

2 ‘‘(A) IN GENERAL.—If more than 1 metro3 politan planning organization is designated 

4 within an urbanized area under subsection 

5 (d)(7), the metropolitan planning organizations 

6 designated within the area shall ensure, to the 

7 maximum extent practicable, the consistency of 

8 any data used in the planning process, includ9 ing information used in forecasting transpor10 tation demand. 

11 ‘‘(B) SAVINGS CLAUSE.—Nothing in this 

12 paragraph requires metropolitan planning orga13 nizations designated within a single urbanized 

14 area to jointly develop planning documents, in15 cluding a unified long-range transportation plan 

16 or unified TIP.’’; 

17 (6) in subsection (h)(1)— 

18 (A) by striking subparagraph (E) and in19 serting the following: 

20 ‘‘(E) protect and enhance the environment, 

21 promote energy conservation, reduce greenhouse 

22 gas emissions, improve the quality of life and 

23 public health, and promote consistency between 

24 transportation improvements and State and 

25 local planned growth and economic development 


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1 patterns, including housing and land use pat2 terns;’’; 

3 (B) in subparagraph (I)— 

4 (i) by inserting ‘‘, sea level rise, ex5 treme weather, and climate change’’ after 

6 ‘‘stormwater’’; and 

7 (ii) by striking ‘‘and’’ at the end; 

8 (C) by redesignating subparagraph (J) as 

9 subparagraph (L); and 

10 (D) by inserting after subparagraph (I) the 

11 following: 

12 ‘‘(J) facilitate emergency management, re13 sponse, and evacuation and hazard mitigation; 

14 ‘‘(K) improve the level of transportation 

15 system access; and’’; 

16 (7) in subsection (h)(2) by striking subpara17 graph (A) and inserting the following: 

18 ‘‘(A) IN GENERAL.—Through the use of a 

19 performance-based approach, transportation in20 vestment decisions made as a part of the metro21 politan transportation planning process shall 

22 support the national goals described in section 

23 150(b), the achievement of metropolitan and 

24 statewide targets established under section 

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1 tem access (consistent with section 150(f)), and 

2 the general purposes described in section 5301 

3 of title 49.’’; 

4 (8) in subsection (i)— 

5 (A) in paragraph (2)(D)(i) by inserting 

6 ‘‘reduce greenhouse gas emissions and’’ before 

7 ‘‘restore and maintain’’; 

8 (B) in paragraph (2)(G) by inserting ‘‘and 

9 climate change’’ after ‘‘infrastructure to natural 

10 disasters’’; 

11 (C) in paragraph (2)(H) by inserting 

12 ‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 

13 (D) in paragraph (5)— 

14 (i) in subparagraph (A) by inserting 

15 ‘‘air quality, public health, housing, trans16 portation, resilience, hazard mitigation, 

17 emergency management,’’ after ‘‘conserva18 tion,’’; and 

19 (ii) by striking subparagraph (B) and 

20 inserting the following: 

21 ‘‘(B) ISSUES.—The consultation shall in22 volve, as appropriate, comparison of transpor23 tation plans to other relevant plans, including, 

24 if available— 


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1 ‘‘(i) State conservation plans or maps; 

2 and 

3 ‘‘(ii) inventories of natural or historic 

4 resources.’’; and 

5 (E) by amending paragraph (6)(C) to read 

6 as follows: 

7 ‘‘(C) METHODS.— 

8 ‘‘(i) IN GENERAL.—In carrying out 

9 subparagraph (A), the metropolitan plan10 ning organization shall, to the maximum 

11 extent practicable— 

12 ‘‘(I) hold any public meetings at 

13 convenient and accessible locations 

14 and times; 

15 ‘‘(II) employ visualization tech16 niques to describe plans; and 

17 ‘‘(III) make public information 

18 available in electronically accessible 

19 format and means, such as the inter20 net, as appropriate to afford reason21 able opportunity for consideration of 

22 public information under subpara23 graph (A). 

24 ‘‘(ii) ADDITIONAL METHODS.—In ad25 dition to the methods described in clause 


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1 (i), in carrying out subparagraph (A), the 

2 metropolitan planning organization shall, 

3 to the maximum extent practicable— 

4 ‘‘(I) use virtual public involve5 ment, social media, and other web6 based tools to encourage public par7 ticipation and solicit public feedback; 

8 and 

9 ‘‘(II) use other methods, as ap10 propriate, to further encourage public 

11 participation of historically underrep12 resented individuals in the transpor13 tation planning process.’’; 

14 (9) in subsection (j) by striking ‘‘transportation 

15 improvement program’’ and inserting ‘‘TIP’’ each 

16 place it appears; and 

17 (10) by striking ‘‘Federally’’ each place it ap18 pears and inserting ‘‘federally’’. 

19 SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANS20 PORTATION PLANNING. 

21 Section 135 of title 23, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 


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1 (A) in paragraph (1) by striking ‘‘state2 wide transportation improvement program’’ and 

3 inserting ‘‘STIP’’; 

4 (B) in paragraph (2)— 

5 (i) by striking ‘‘The statewide trans6 portation plan and the’’ and inserting the 

7 following: 

8 ‘‘(A) IN GENERAL.—The statewide trans9 portation plan and the’’; 

10 (ii) by striking ‘‘transportation im11 provement program’’ and inserting 

12 ‘‘STIP’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(B) CONSIDERATION.—In developing the 

16 statewide transportation plans and STIPs, 

17 States shall consider direct and indirect emis18 sions of greenhouse gases.’’; and 

19 (C) in paragraph (3) by striking ‘‘trans20 portation improvement program’’ and inserting 

21 ‘‘STIP’’; 

22 (2) in subsection (d)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (E)— 


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1 (I) by inserting ‘‘reduce green2 house gas emissions,’’ after ‘‘promote 

3 energy conservation,’’; 

4 (II) by inserting ‘‘and public 

5 health’’ after ‘‘improve the quality of 

6 life’’; and 

7 (III) by inserting ‘‘, including 

8 housing and land use patterns’’ after 

9 ‘‘economic development patterns’’; 

10 (ii) in subparagraph (I)— 

11 (I) by inserting ‘‘, sea level rise, 

12 extreme weather, and climate change’’ 

13 after ‘‘mitigate stormwater’’; and 

14 (II) by striking ‘‘and’’ after the 

15 semicolon; 

16 (iii) by redesignating subparagraph 

17 (J) as subparagraph (L); and 

18 (iv) by inserting after subparagraph 

19 (I) the following: 

20 ‘‘(J) facilitate emergency management, re21 sponse, and evacuation and hazard mitigation; 

22 ‘‘(K) improve the level of transportation 

23 system access; and’’; 

24 (B) in paragraph (2)— 


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1 (i) by striking subparagraph (A) and 

2 inserting the following: 

3 ‘‘(A) IN GENERAL.—Through the use of a 

4 performance-based approach, transportation in5 vestment decisions made as a part of the state6 wide transportation planning process shall sup7 port— 

8 ‘‘(i) the national goals described in 

9 section 150(b); 

10 ‘‘(ii) the consideration of transpor11 tation system access (consistent with sec12 tion 150(f)); 

13 ‘‘(iii) the achievement of statewide 

14 targets established under section 150(c); 

15 and 

16 ‘‘(iv) the general purposes described 

17 in section 5301 of title 49.’’; and 

18 (ii) in subparagraph (D) by striking 

19 ‘‘statewide transportation improvement 

20 program’’ and inserting ‘‘STIP’’; and 

21 (C) in paragraph (3) by striking ‘‘state22 wide transportation improvement program’’ and 

23 inserting ‘‘STIP’’; 


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1 (3) in subsection (e)(3) by striking ‘‘transpor2 tation improvement program’’ and inserting 

3 ‘‘STIP’’; 

4 (4) in subsection (f)— 

5 (A) in paragraph (2)(D)— 

6 (i) in clause (i) by inserting ‘‘air qual7 ity, public health, housing, transportation, 

8 resilience, hazard mitigation, emergency 

9 management,’’ after ‘‘conservation,’’; and 

10 (ii) by amending clause (ii) to read as 

11 follows: 

12 ‘‘(ii) COMPARISON AND CONSIDER13 ATION.—Consultation under clause (i) 

14 shall involve the comparison of transpor15 tation plans to other relevant plans and in16 ventories, including, if available— 

17 ‘‘(I) State and tribal conservation 

18 plans or maps; and 

19 ‘‘(II) inventories of natural or 

20 historic resources.’’; 

21 (B) in paragraph (3)(B)— 

22 (i) by striking ‘‘In carrying out’’ and 

23 inserting the following: 

24 ‘‘(i) IN GENERAL.—in carrying out’’; 


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1 (ii) by redesignating clauses (i) 

2 through (iv) as subclauses (I) through 

3 (IV), respectively; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(ii) ADDITIONAL METHODS.—In ad7 dition to the methods described in clause 

8 (i), in carrying out subparagraph (A), the 

9 State shall, to the maximum extent prac10 ticable— 

11 ‘‘(I) use virtual public involve12 ment, social media, and other web13 based tools to encourage public par14 ticipation and solicit public feedback; 

15 and 

16 ‘‘(II) use other methods, as ap17 propriate, to further encourage public 

18 participation of historically underrep19 resented individuals in the transpor20 tation planning process.’’; 

21 (C) in paragraph (4)(A) by inserting ‘‘re22 duce greenhouse gas emissions and’’ after ‘‘po23 tential to’’; and 

24 (D) in paragraph (8) by inserting ‘‘green25 house gas emissions,’’ after ‘‘pollution,’’; 


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1 (5) in subsection (g)— 

2 (A) in paragraph (1)(A) by striking ‘‘state3 wide transportation improvement program’’ and 

4 inserting ‘‘STIP’’; 

5 (B) in paragraph (3) by striking ‘‘opera6 tors),,’’ and inserting ‘‘operators),’’; 

7 (C) in paragraph (4) by striking ‘‘state8 wide transportation improvement program’’ and 

9 inserting ‘‘STIP’’ each place it appears; 

10 (D) in paragraph (5)— 

11 (i) in subparagraph (A) by striking 

12 ‘‘transportation improvement program’’ 

13 and inserting ‘‘STIP’’; 

14 (ii) in subparagraph (B)(ii) by strik15 ing ‘‘metropolitan transportation improve16 ment program’’ and inserting ‘‘TIP’’; 

17 (iii) in subparagraph (C) by striking 

18 ‘‘transportation improvement program’’ 

19 and inserting ‘‘STIP’’ each place it ap20 pears; 

21 (iv) in subparagraph (E) by striking 

22 ‘‘transportation improvement program’’ 

23 and inserting ‘‘STIP’’; 

24 (v) in subparagraph (F)(i) by striking 

25 ‘‘transportation improvement program’’ 


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1 and inserting ‘‘STIP’’ each place it ap2 pears; 

3 (vi) in subparagraph (G)(ii) by strik4 ing ‘‘transportation improvement program’’ 

5 and inserting ‘‘STIP’’; and 

6 (vii) in subparagraph (H) by striking 

7 ‘‘transportation improvement program’’ 

8 and inserting ‘‘STIP’’; 

9 (E) in paragraph (6)— 

10 (i) in subparagraph (A)— 

11 (I) by striking ‘‘transportation 

12 improvement program’’ and inserting 

13 ‘‘STIP’’; and 

14 (II) by striking ‘‘and projects 

15 carried out under the bridge program 

16 or the Interstate maintenance pro17 gram under this title’’; and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘or under the 

20 bridge program or the Interstate 

21 maintenance program’’; 

22 (II) by striking ‘‘5310, 5311, 

23 5316, and 5317’’ and inserting ‘‘5310 

24 and 5311’’; and 


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1 (III) by striking ‘‘statewide 

2 transportation improvement program’’ 

3 and inserting ‘‘STIP’’; 

4 (F) in paragraph (7)— 

5 (i) in the heading by striking ‘‘TRANS6 PORTATION IMPROVEMENT PROGRAM’’ and 

7 inserting ‘‘STIP’’; and 

8 (ii) by striking ‘‘transportation im9 provement program’’ and inserting 

10 ‘‘STIP’’; 

11 (G) in paragraph (8) by striking ‘‘state12 wide transportation plans and programs’’ and 

13 inserting ‘‘statewide transportation plans and 

14 STIPs’’; and 

15 (H) in paragraph (9) by striking ‘‘trans16 portation improvement program’’ and inserting 

17 ‘‘STIP’’; 

18 (6) in subsection (h)(2)(A) by striking ‘‘Not 

19 later than 5 years after the date of enactment of the 

20 MAP–21,’’ and inserting ‘‘Not less frequently than 

21 once every 4 years,’’; 

22 (7) in subsection (k) by striking ‘‘transportation 

23 improvement program’’ and inserting ‘‘STIP’’ each 

24 place it appears; and 


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1 (8) in subsection (m) by striking ‘‘transpor2 tation improvement programs’’ and inserting 

3 ‘‘STIPs’’. 

4 SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGE5 MENT MEASURES. 

6 (a) IN GENERAL.—Section 150 of title 23, United 

7 States Code, is amended— 

8 (1) in subsection (b)— 

9 (A) by redesignating paragraph (7) as 

10 paragraph (8); and 

11 (B) by inserting after paragraph (6) the 

12 following: 

13 ‘‘(7) COMBATING CLIMATE CHANGE.—To re14 duce carbon dioxide and other greenhouse gas emis15 sions and reduce the climate impacts of the trans16 portation system.’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1) by striking ‘‘Not 

19 later than 18 months after the date of enact20 ment of the MAP–21, the Secretary’’ and in21 serting ‘‘The Secretary’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(7) GREENHOUSE GAS EMISSIONS.—The Sec24 retary shall establish, in consultation with the AdVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 ministrator of the Environmental Protection Agency, 

2 measures for States to use to assess— 

3 ‘‘(A) carbon dioxide emissions per capita 

4 on public roads; and 

5 ‘‘(B) any other greenhouse gas emissions 

6 per capita on public roads that the Secretary 

7 determines to be appropriate.’’; 

8 (3) in subsection (d)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘Not later than 1 year 

11 after the Secretary has promulgated the 

12 final rulemaking under subsection (c), 

13 each’’ and inserting ‘‘Each’’; and 

14 (ii) by striking ‘‘and (6)’’ and insert15 ing ‘‘(6), and (7)’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(3) REGRESSIVE TARGETS.— 

18 ‘‘(A) IN GENERAL.—A State may not es19 tablish a regressive target for the measures de20 scribed under paragraph (4) or paragraph (7) 

21 of subsection (c). 

22 ‘‘(B) REGRESSIVE TARGET DEFINED.—In 

23 this paragraph, the term ‘regressive target’ 

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1 stant or improved performance for a particular 

2 measure.’’; 

3 (4) in subsection (e)— 

4 (A) by striking ‘‘Not later than 4 years 

5 after the date of enactment of the MAP–21 and 

6 biennially thereafter, a’’ and inserting ‘‘A’’; and 

7 (B) by inserting ‘‘biennial’’ after ‘‘the Sec8 retary a’’; and 

9 (5) by adding at the end the following: 

10 ‘‘(f) TRANSPORTATION SYSTEM ACCESS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish measures for States and metropolitan planning 

13 organizations to use to assess the level of safe, reli14 able, and convenient transportation system access 

15 to— 

16 ‘‘(A) employment; and 

17 ‘‘(B) services. 

18 ‘‘(2) CONSIDERATIONS.—The measures estab19 lished pursuant to paragraph (1) shall include the 

20 ability for States and metropolitan planning organi21 zations to assess— 

22 ‘‘(A) the change in the level of transpor23 tation system access for various modes of trav24 el, including connection to other modes of 


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1 transportation, that would result from new 

2 transportation investments; and 

3 ‘‘(B) the level of transportation system ac4 cess for economically disadvantaged commu5 nities, including to affordable housing. 

6 ‘‘(3) DEFINITION OF SERVICES.—In this sub7 section, the term ‘services’ includes healthcare facili8 ties, child care, education and workforce training, 

9 food sources, banking and other financial institu10 tions, and other retail shopping establishments.’’. 

11 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

12 Section 134 of title 23, United States Code, is further 

13 amended— 

14 (1) in subsection (j)(2)(D)— 

15 (A) by striking ‘‘PERFORMANCE TARGET

16 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE

17 MANAGEMENT’’; 

18 (B) by striking ‘‘The TIP’’ and inserting 

19 the following: 

20 ‘‘(i) IN GENERAL.—The TIP’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(ii) TRANSPORTATION MANAGEMENT

23 AREAS.—For metropolitan planning areas 

24 that represent an urbanized area des25 ignated as a transportation management 


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1 area under subsection (k), the TIP shall 

2 include— 

3 ‘‘(I) a discussion of the antici4 pated effect of the TIP toward achiev5 ing the performance targets estab6 lished in the metropolitan transpor7 tation plan, linking investment prior8 ities to such performance targets; and 

9 ‘‘(II) a description of how the 

10 TIP would improve the overall level of 

11 transportation system access, con12 sistent with section 150(f).’’; 

13 (2) in subsection (k)— 

14 (A) in paragraph (3)(A)— 

15 (i) by striking ‘‘shall address conges16 tion management’’ and inserting the fol17 lowing: ‘‘shall address— 

18 ‘‘(i) congestion management’’; 

19 (ii) by striking the period at the end 

20 and inserting ‘‘; and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(ii) the overall level of transportation 

24 system access for various modes of travel 

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1 cluding the level of access for economically 

2 disadvantaged communities, consistent 

3 with section 150(f), that is based on a co4 operatively developed and implemented 

5 metropolitan-wide strategy, assessing both 

6 new and existing transportation facilities 

7 eligible for funding under this title and 

8 chapter 53 of title 49.’’; and 

9 (B) in paragraph (5)(B)— 

10 (i) in clause (i) by striking ‘‘; and’’ 

11 and inserting a semicolon; 

12 (ii) in clause (ii) by striking the pe13 riod and inserting ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(iii) the TIP approved under clause 

17 (ii) improves the level of transportation 

18 system access, consistent with section 

19 150(f).’’; and 

20 (3) in subsection (l)(2)— 

21 (A) by striking ‘‘5 years after the date of 

22 enactment of the MAP–21’’ and inserting ‘‘2 

23 years after the date of enactment of the IN24 VEST in America Act, and every 2 years there25 after’’; 


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1 (B) in subparagraph (C) by striking ‘‘and 

2 whether metropolitan planning organizations 

3 are developing meaningful performance targets; 

4 and’’ and inserting a semicolon; and 

5 (C) by striking subparagraph (D) and in6 serting the following: 

7 ‘‘(D) a listing of all metropolitan planning 

8 organizations that are establishing performance 

9 targets and whether such performance targets 

10 established by the metropolitan planning orga11 nization are meaningful or regressive (as de12 fined in section 150(d)(3)(B)); and 

13 ‘‘(E) the progress of implementing the 

14 measure established under section 150(f) and 

15 related requirements under this section and sec16 tion 135.’’. 

17 (c) STATEWIDE AND NONMETROPOLITAN TRANSPOR18 TATION PLANNING.—Section 135(g)(4) of title 23, United 

19 States Code, is further amended— 

20 (1) by striking ‘‘PERFORMANCE TARGET

21 ACHIEVEMENT’’ and inserting ‘‘PERFORMANCE

22 MANAGEMENT’’; 

23 (2) by striking ‘‘shall include, to the maximum 

24 extent practicable, a discussion’’ and inserting the 

25 following: ‘‘shall include— 


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1 ‘‘(A) a discussion’’; 

2 (3) by striking the period at the end and insert3 ing ‘‘; and’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(B) a consideration of how the STIP im6 pacts the overall level of transportation system 

7 access, consistent with section 150(f).’’. 

8 (d) EFFECTIVE DATE.—The amendment made by 

9 subsection (a)(3)(B) shall take effect the day before the 

10 first day of the subsequent performance period established 

11 pursuant to section 150 of title 23, United States Code. 

12 (e) DEVELOPMENT OF GREENHOUSE GAS MEAS13 URE.—Not later than 1 year after the date of enactment 

14 of this Act, the Secretary of Transportation shall issue 

15 such regulations as are necessary to carry out paragraph 

16 (7) of section 150(c) of title 23, United States Code, as 

17 added by this Act. 

18 (f) DEVELOPMENT OF TRANSPORTATION SYSTEM

19 ACCESS MEASURE.— 

20 (1) ESTABLISHMENT.—Not later than 120 days 

21 after the date of enactment of this Act, the Sec22 retary of Transportation shall establish a working 

23 group to assess the provisions of paragraphs (1) and 

24 (2) of section 150(f) and make recommendations re25 garding the establishment of measures for States 


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1 and metropolitan planning organizations to use to 

2 assess the level of transportation system access for 

3 various modes of travel, consistent with sections 

4 134, 135, and 150(f) of title 23, United States 

5 Code. 

6 (2) MEMBERS.—The working group established 

7 pursuant to paragraph (1) shall include representa8 tives from— 

9 (A) the Department of Transportation; 

10 (B) State departments of transportation, 

11 including representatives that specialize in pe12 destrian and bicycle safety; 

13 (C) metropolitan planning organizations 

14 representing transportation management areas 

15 (as those terms are defined in section 134 of 

16 title 23, United States Code); 

17 (D) other metropolitan planning organiza18 tions or local governments; 

19 (E) providers of public transportation; 

20 (F) nonprofit entities related to transpor21 tation, including relevant safety groups; 

22 (G) experts in the field of transportation 

23 access data; and 

24 (H) any other stakeholders, as determined 

25 by the Secretary. 


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1 (3) REPORT.— 

2 (A) SUBMISSION.—Not later than 1 year 

3 after the establishment of the working group 

4 pursuant to paragraph (1), the working group 

5 shall submit to the Secretary a report of rec6 ommendations regarding the establishment of 

7 measures for States and metropolitan planning 

8 organizations to use to assess the level of trans9 portation system access, consistent with sec10 tions 134, 135, and 150(f) of title 23, United 

11 States Code. 

12 (B) PUBLICATION.—Not later than 30 

13 days after the date on which the Secretary re14 ceives the report under subparagraph (A), the 

15 Secretary shall publish the report on a publicly 

16 accessible website of the Department of Trans17 portation. 

18 (4) RULEMAKING.—Not later than 2 years after 

19 the date on which the Secretary receives the report 

20 under paragraph (3), the Secretary shall issue such 

21 regulations as are necessary to implement the re22 quirements of sections 134, 135, and 150(f) of title 

23 23, United States Code. 

24 (5) TERMINATION.—The Secretary shall termi25 nate the working group established pursuant to 


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1 paragraph (1) on the date on which the regulation 

2 issued pursuant to paragraph (4) takes effect. 

3 (g) TRANSPORTATION SYSTEM ACCESS DATA.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date on which the Secretary of Transportation 

6 establishes the measure required under section 

7 150(f) of title 23, United States Code, the Secretary 

8 shall develop or procure eligible transportation sys9 tem access data sets and analytical tools and make 

10 such data sets and analytical tools available to State 

11 departments of transportation and metropolitan 

12 planning areas that represent transportation man13 agement areas. 

14 (2) REQUIREMENTS.—An eligible transpor15 tation system access data set and analytical tool 

16 shall have the following characteristics: 

17 (A) The ability to quantify the level of 

18 safe, reliable, and convenient transportation 

19 system access to— 

20 (i) employment; 

21 (ii) services; and 

22 (iii) connections to other modes of 

23 transportation. 


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1 (B) The ability to quantify transportation 

2 system access for various modes of travel, in3 cluding— 

4 (i) driving; 

5 (ii) public transportation; 

6 (iii) walking (including conveyance for 

7 persons with disabilities); and 

8 (iv) cycling (including micomobility). 

9 (C) The ability to disaggregate the level of 

10 transportation system access by various trans11 portation modes by a variety of population cat12 egories, including— 

13 (i) low-income populations; 

14 (ii) minority populations; 

15 (iii) age; 

16 (iv) disability; and 

17 (v) geographical location. 

18 (D) The ability to assess the change in the 

19 level of transportation system access that would 

20 result from new transportation investments. 

21 (3) CONSIDERATION.—An eligible transpor22 tation system access data set and analytical tool 

23 shall take into consideration safe and connected net24 works for walking, cycling, and persons with disabil25 ities. 


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1 (h) DEFINITIONS.—In this section: 

2 (1) TRANSPORTATION SYSTEM ACCESS.—The 

3 term ‘‘transportation system access’’ has the mean4 ing given such term in section 101 of title 23, 

5 United States Code. 

6 (2) SERVICES.—The term ‘‘services’’ has the 

7 meaning given such term in section 150(f) of title 

8 23, United States Code. 

9 SEC. 1404. TRANSPORTATION DEMAND DATA AND MOD10 ELING STUDY. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The Secretary of Transpor13 tation shall conduct a study on transportation de14 mand data and modeling, including transportation 

15 demand forecasting. 

16 (2) CONTENTS.—In carrying out the study 

17 under this section, the Secretary shall— 

18 (A) collect observed transportation demand 

19 data and transportation demand forecasts from 

20 States and metropolitan planning organizations, 

21 including data and forecasts on— 

22 (i) traffic counts; 

23 (ii) transportation mode share and 

24 public transportation ridership; and 

25 (iii) vehicle occupancy measures; 


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1 (B) compare the transportation demand 

2 forecasts with the observed transportation de3 mand data gathered under subparagraph (A); 

4 and 

5 (C) use the information described in sub6 paragraphs (A) and (B) to— 

7 (i) develop best practices and guid8 ance for States and metropolitan planning 

9 organizations to use in forecasting trans10 portation demand for future investments in 

11 transportation improvements; 

12 (ii) evaluate the impact of transpor13 tation investments, including new roadway 

14 capacity, on transportation behavior and 

15 transportation demand, including public 

16 transportation ridership, induced highway 

17 transportation, and congestion; 

18 (iii) support more accurate transpor19 tation demand forecasting by States and 

20 metropolitan planning organizations; 

21 (iv) enhance the capacity of States 

22 and metropolitan planning organizations 

23 to— 

24 (I) forecast transportation de25 mand; and 


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1 (II) track observed transpor2 tation behavior responses, including 

3 induced transportation, to changes in 

4 transportation capacity, pricing, and 

5 land use patterns; and 

6 (v) develop transportation demand 

7 management strategies to maximize the ef8 ficiency of the transportation system, im9 prove mobility, reduce congestion, and 

10 lower vehicle emissions. 

11 (3) COVERED ENTITIES.—In carrying out the 

12 study under this section, the Secretary shall ensure 

13 that data and forecasts described in paragraph 

14 (2)(A) are collected from— 

15 (A) States; 

16 (B) metropolitan planning organizations 

17 that serve an area with a population of 200,000 

18 people or fewer; and 

19 (C) metropolitan planning organizations 

20 that serve an area with a population of over 

21 200,000 people. 

22 (b) REPORT.—Not later than 2 years after the date 

23 of enactment of this Act, the Secretary shall submit to 

24 Congress a report containing the findings of the study 

25 conducted under subsection (a). 


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1 (c) SECRETARIAL SUPPORT.—The Secretary shall 

2 seek opportunities to support the transportation planning 

3 processes under sections 134 and 135 of title 23, United 

4 States Code, through the provision of data to States and 

5 metropolitan planning organizations to improve the qual6 ity of transportation plans, models, and demand forecasts. 

7 Subtitle E—Federal Lands, Tribes, 

8 and Territories 

9 SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PRO10 GRAM. 

11 Section 165 of title 23, United States Code, is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1) by striking 

15 ‘‘$158,000,000’’ and inserting ‘‘$210,000,000’’; 

16 and 

17 (B) in paragraph (2) by striking 

18 ‘‘$42,000,000’’ and inserting ‘‘$100,000,000’’; 

19 and 

20 (2) in subsection (c)(2) by adding at the end 

21 the following: 

22 ‘‘(C) TIFIA.—Funds provided under this 

23 subsection shall not be considered Federal as24 sistance for purposes of section 603(b)(9), as 


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1 provided under subparagraph (C) of such sec2 tion.’’. 

3 SEC. 1502. TRIBAL TRANSPORTATION PROGRAM. 

4 Section 202 of title 23, United States Code, is 

5 amended— 

6 (1) in subsection (d)— 

7 (A) in paragraph (1) by striking ‘‘improv8 ing deficient’’ and inserting ‘‘the construction 

9 and reconstruction of’’; 

10 (B) in paragraph (2)— 

11 (i) in subparagraph (A) by inserting 

12 ‘‘construct,’’ after ‘‘project to’’; and 

13 (ii) in subparagraph (B)— 

14 (I) by striking ‘‘deficient’’; and 

15 (II) by inserting ‘‘in poor condi16 tion’’ after ‘‘facility bridges’’; and 

17 (C) in paragraph (3)— 

18 (i) in the heading by striking ‘‘ELIGI19 BLE BRIDGES’’ and inserting ‘‘ELIGIBILITY

20 FOR EXISTING BRIDGES’’; 

21 (ii) by striking ‘‘a bridge’’ and insert22 ing ‘‘an existing bridge’’; and 

23 (iii) in subparagraph (C) by striking 

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1 lete’’ and inserting ‘‘in poor condition’’; 

2 and 

3 (2) in subsection (e) by striking ‘‘for eligible 

4 projects described in section 148(a)(4).’’ and insert5 ing the following: ‘‘for— 

6 ‘‘(A) eligible projects described in section 

7 148(a)(4); 

8 ‘‘(B) projects to promote public awareness 

9 and education concerning highway safety mat10 ters (including bicycle, all-terrain, motorcyclist, 

11 and pedestrian safety); or 

12 ‘‘(C) projects to enforce highway safety 

13 laws.’’. 

14 SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. 

15 (a) TRIBAL TRANSPORTATION PROGRAM.—Section 

16 202 of title 23, United States Code, is amended— 

17 (1) by redesignating subsection (f) as sub18 section (g); and 

19 (2) by inserting after subsection (e) the fol20 lowing: 

21 ‘‘(f) TRIBAL HIGH PRIORITY PROJECTS.—Before 

22 making any distribution under subsection (b), the Sec23 retary shall set aside $50,000,000 from the funds made 

24 available under the tribal transportation program for each 

25 fiscal year to carry out the Tribal High Priority Projects 


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1 program under section 1123 of MAP–21 (23 U.S.C. 202 

2 note).’’. 

3 (b) TRIBAL HIGH PRIORITY PROJECTS PROGRAM.— 

4 Section 1123 of MAP–21 (23 U.S.C. 202 note) is amend5 ed— 

6 (1) in subsection (a)(1)(C) by striking ‘‘re7 quired by that section’’ and inserting ‘‘required 

8 under such program’’; 

9 (2) in subsection (b)(1) by striking ‘‘use 

10 amounts made available under subsection (h) to’’; 

11 (3) in subsection (d)— 

12 (A) in paragraph (2) by inserting ‘‘, in 

13 consultation with the Secretary of the Interior,’’ 

14 after ‘‘The Secretary’’; and 

15 (B) in paragraph (3) by striking ‘‘of the 

16 Interior’’ each place it appears; 

17 (4) in subsection (f) by striking ‘‘$1,000,000’’ 

18 and inserting ‘‘$5,000,000’’; 

19 (5) in subsection (g) by striking ‘‘and the Sec20 retary’’ and inserting ‘‘or the Secretary’’; and 

21 (6) by striking subsection (h) and inserting the 

22 following: 

23 ‘‘(h) ADMINISTRATION.—The funds made available to 

24 carry out this section shall be administered in the same 

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1 tation program under section 202 of title 23, United 

2 States Code.’’. 

3 SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM. 

4 Section 203(a) of title 23, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(6) TRANSFER FOR HIGH-COMMUTER COR7 RIDORS.— 

8 ‘‘(A) REQUEST.—If the head of a covered 

9 agency determines that a high-commuter cor10 ridor requires additional investment, based on 

11 the criteria described in subparagraph (D), the 

12 head of a covered agency, with respect to such 

13 corridor, shall submit to the State— 

14 ‘‘(i) information on condition of pave15 ments and bridges; 

16 ‘‘(ii) an estimate of the amounts need17 ed to bring such corridor into a state of 

18 good repair, taking into consideration any 

19 planned future investments; and 

20 ‘‘(iii) at the discretion of the head of 

21 a covered agency, a request that the State 

22 transfer to the covered agency, under the 

23 authority of section 132, or to the Federal 

24 Highway Administration, under the au25 thority of section 104, a portion of such 


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1 amounts necessary to address the condition 

2 of the corridor. 

3 ‘‘(B) STATE RESPONSE.—Not later than 

4 45 days after the date of receipt of the request 

5 described in subparagraph (A)(iii), the State 

6 shall— 

7 ‘‘(i) approve the request; 

8 ‘‘(ii) deny the request and explain the 

9 reasons for such denial; or 

10 ‘‘(iii) request any additional informa11 tion necessary to take action on the re12 quest. 

13 ‘‘(C) NOTIFICATION TO THE SEC14 RETARY.—The head of a covered agency shall 

15 provide to the Secretary a copy of any request 

16 described under subparagraph (A)(iii) and re17 sponse described under subparagraph (B). 

18 ‘‘(D) CRITERIA.—In making a determina19 tion under subparagraph (A), the head of a cov20 ered agency, with respect to the corridor, shall 

21 consider— 

22 ‘‘(i) the condition of roads, bridges, 

23 and tunnels; and 

24 ‘‘(ii) the average annual daily traffic. 

25 ‘‘(E) DEFINITIONS.—In this paragraph: 


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1 ‘‘(i) COVERED AGENCY.—The term 

2 ‘covered agency’ means a Federal agency 

3 eligible to receive funds under this section 

4 or section, section 203, or section 204. 

5 ‘‘(ii) HIGH-COMMUTER CORRIDOR.— 

6 The term ‘high-commuter corridor’ means 

7 a Federal lands transportation facility that 

8 has average annual daily traffic of not less 

9 than 20,000 vehicles.’’. 

10 SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS 

11 PROGRAM. 

12 (a) IN GENERAL.—Chapter 2 of title 23, United 

13 States Code, is amended by inserting after section 207 the 

14 following: 

15 ‘‘§ 208. Federal lands and Tribal major projects pro16 gram 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish a Federal lands and Tribal major projects program 

19 (referred to in this section as the ‘program’) to provide 

20 funding to construct, reconstruct, or rehabilitate critical 

21 Federal lands and Tribal transportation infrastructure. 

22 ‘‘(b) ELIGIBLE APPLICANTS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), entities eligible to receive funds under 


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1 sections 201, 202, 203, and 204 may apply for fund2 ing under the program. 

3 ‘‘(2) SPECIAL RULE.—A State, county, or unit 

4 of local government may only apply for funding 

5 under the program if sponsored by an eligible Fed6 eral land management agency or Indian Tribe. 

7 ‘‘(c) ELIGIBLE PROJECTS.—An eligible project under 

8 the program shall be a single continuous project on a Fed9 eral lands transportation facility, a Federal lands access 

10 transportation facility, or a tribal transportation facility, 

11 except that such facility is not required to be included in 

12 an inventory described in section 202 or 203, and for 

13 which— 

14 ‘‘(1) the project— 

15 ‘‘(A) has completed the activities required 

16 under the National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.) which has been 

18 demonstrated through— 

19 ‘‘(i) a record of decision with respect 

20 to the project; 

21 ‘‘(ii) a finding that the project has no 

22 significant impact; or 

23 ‘‘(iii) a determination that the project 

24 is categorically excluded; or 


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1 ‘‘(B) is reasonably expected to begin con2 struction not later than 18 months after the 

3 date of obligation of funds for the project; and 

4 ‘‘(2) the project has an estimated cost equal to 

5 or exceeding— 

6 ‘‘(A) $12,500,000 if it is on a Federal 

7 lands transportation facility or a Federal lands 

8 access transportation facility; and 

9 ‘‘(B) $5,000,000 if it is on a Tribal trans10 portation facility. 

11 ‘‘(d) ELIGIBLE ACTIVITIES.—Grant amounts re12 ceived for a project under this section may be used for— 

13 ‘‘(1) development phase activities, including 

14 planning, feasibility analysis, revenue forecasting, 

15 environmental review, preliminary engineering and 

16 design work, and other preconstruction activities; 

17 and 

18 ‘‘(2) construction, reconstruction, and rehabili19 tation activities. 

20 ‘‘(e) APPLICATIONS.—Eligible applicants shall submit 

21 to the Secretary an application at such time, in such form, 

22 and containing such information as the Secretary may re23 quire. 


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1 ‘‘(f) PROJECT REQUIREMENTS.—The Secretary may 

2 select a project to receive funds under the program only 

3 if the Secretary determines that the project— 

4 ‘‘(1) improves the condition of critical transpor5 tation facilities, including multimodal facilities; 

6 ‘‘(2) cannot be easily and efficiently completed 

7 with amounts made available under section 202, 

8 203, or 204; and 

9 ‘‘(3) is cost effective. 

10 ‘‘(g) MERIT CRITERIA.—In making a grant under 

11 this section, the Secretary shall consider whether the 

12 project— 

13 ‘‘(1) will generate state of good repair, resil14 ience, economic competitiveness, quality of life, mo15 bility, or safety benefits; 

16 ‘‘(2) in the case of a project on a Federal lands 

17 transportation facility or a Federal lands access 

18 transportation facility, has costs matched by funds 

19 that are not provided under this section or this title; 

20 and 

21 ‘‘(3) generates benefits for land owned by mul22 tiple Federal land management agencies or Indian 

23 Tribes, or which spans multiple States. 

24 ‘‘(h) EVALUATION AND RATING.—To evaluate appli25 cations, the Secretary shall— 


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1 ‘‘(1) determine whether a project meets the re2 quirements under subsection (f); 

3 ‘‘(2) evaluate, through a discernable and trans4 parent methodology, how each application addresses 

5 one or more merit criteria established under sub6 section (g); 

7 ‘‘(3) assign a rating for each merit criteria for 

8 each application; and 

9 ‘‘(4) consider applications only on the basis of 

10 such quality ratings and which meet the minimally 

11 acceptable level for each of the merit criteria. 

12 ‘‘(i) COST SHARE.— 

13 ‘‘(1) FEDERAL LANDS PROJECTS.— 

14 ‘‘(A) IN GENERAL.—Notwithstanding sec15 tion 120, the Federal share of the cost of a 

16 project on a Federal lands transportation facil17 ity or a Federal lands access transportation fa18 cility shall be up to 90 percent. 

19 ‘‘(B) NON-FEDERAL SHARE.—Notwith20 standing any other provision of law, any Fed21 eral funds other than those made available 

22 under this title or title 49 may be used to pay 

23 the non-Federal share of the cost of a project 

24 carried out under this section. 


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1 ‘‘(2) TRIBAL PROJECTS.—The Federal share of 

2 the cost of a project on a Tribal transportation facil3 ity shall be 100 percent. 

4 ‘‘(j) USE OF FUNDS.—For each fiscal year, of the 

5 amounts made available to carry out this section, not more 

6 than 50 percent shall be used for eligible projects on Fed7 eral lands transportation facilities or Federal lands access 

8 transportation facilities and Tribal transportation facili9 ties, respectively.’’. 

10 (b) CLERICAL AMENDMENT.—The analysis for chap11 ter 2 of title 23, United States Code, is amended by insert12 ing after the item relating to section 207 the following 

13 new item: 

‘‘208. Federal lands and Tribal major projects program.’’. 

14 (c) REPEAL.—Section 1123 of the FAST Act (23 

15 U.S.C. 201 note), and the item related to such section in 

16 the table of contents under section 1(b) of such Act, are 

17 repealed. 

18 SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. 

19 Section 102 of title 49, United States Code, is 

20 amended— 

21 (1) in subsection (e)(1)— 

22 (A) by striking ‘‘6 Assistant’’ and inserting 

23 ‘‘7 Assistant’’; 

24 (B) in subparagraph (C) by striking ‘‘; 

25 and’’ and inserting a semicolon; 


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1 (C) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (D) by inserting after subparagraph (C) 

4 the following: 

5 ‘‘(D) an Assistant Secretary for Tribal 

6 Government Affairs, who shall be appointed by 

7 the President; and’’; and 

8 (2) in subsection (f)— 

9 (A) in the heading by striking ‘‘DEPUTY

10 ASSISTANT SECRETARY FOR TRIBAL GOVERN11 MENT AFFAIRS’’ and inserting ‘‘OFFICE OF

12 TRIBAL GOVERNMENT AFFAIRS’’; and 

13 (B) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) ESTABLISHMENT.—There is established in 

16 the Department an Office of Tribal Government Af17 fairs, under the Assistant Secretary for Tribal Gov18 ernment Affairs, to— 

19 ‘‘(A) oversee the Tribal transportation self20 governance program under section 207 of title 

21 23; 

22 ‘‘(B) plan, coordinate, and implement poli23 cies and programs serving Indian Tribes and 

24 Tribal organizations; 


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1 ‘‘(C) coordinate Tribal transportation pro2 grams and activities in all offices and adminis3 trations of the Department; 

4 ‘‘(D) provide technical assistance to Indian 

5 Tribes and Tribal organizations; and 

6 ‘‘(E) be a participant in any negotiated 

7 rulemakings relating to, or having an impact 

8 on, projects, programs, or funding associated 

9 with the Tribal transportation program under 

10 section 202 of title 23.’’. 

11 SEC. 1507. ALTERNATIVE CONTRACTING METHODS. 

12 (a) LAND MANAGEMENT AGENCIES AND TRIBAL

13 GOVERNMENTS.—Section 201 of title 23, United States 

14 Code, is amended by adding at the end the following: 

15 ‘‘(f) ALTERNATIVE CONTRACTING METHODS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the Secretary may use a con18 tracting method available to a State under this title 

19 on behalf of— 

20 ‘‘(A) a Federal land management agency, 

21 with respect to any funds available pursuant to 

22 section 203 or 204; 

23 ‘‘(B) a Federal land management agency, 

24 with respect to any funds available pursuant to 

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1 scribed in sections 203(a)(1) and 204(a)(1) of 

2 this title; or 

3 ‘‘(C) a Tribal Government, with respect to 

4 any funds available pursuant to section 

5 202(b)(7)(D). 

6 ‘‘(2) METHODS DESCRIBED.—The contracting 

7 methods referred to in paragraph (1) shall include, 

8 at a minimum— 

9 ‘‘(A) project bundling; 

10 ‘‘(B) bridge bundling; 

11 ‘‘(C) design-build contracting; 

12 ‘‘(D) 2-phase contracting; 

13 ‘‘(E) long-term concession agreements; and 

14 ‘‘(F) any method tested, or that could be 

15 tested, under an experimental program relating 

16 to contracting methods carried out by the Sec17 retary. 

18 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

19 this subsection— 

20 ‘‘(A) affects the application of the Federal 

21 share for a project carried out with a con22 tracting method under this subsection; or 

23 ‘‘(B) modifies the point of obligation of 

24 Federal salaries and expenses.’’. 


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1 (b) USE OF ALTERNATIVE CONTRACTING METH2 OD.—In carrying out the amendments made by this sec3 tion, the Secretary shall— 

4 (1) in consultation with the applicable Federal 

5 land management agencies, establish procedures that 

6 are— 

7 (A) applicable to each alternative con8 tracting method; and 

9 (B) to the maximum extent practicable, 

10 consistent with requirements for Federal pro11 curement transactions; 

12 (2) solicit input on the use of each alternative 

13 contracting method from any affected industry prior 

14 to using such method; and 

15 (3) analyze and prepare an evaluation of the 

16 use of each alternative contracting method. 

17 SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES. 

18 (a) IN GENERAL.—The Commissioner of the Bureau 

19 of Reclamation may transfer ownership of a bridge that 

20 is owned by the Bureau of Reclamation if— 

21 (1) the ownership of the bridge is transferred to 

22 a State with the concurrence of such State; 

23 (2) the State to which ownership is transferred 

24 agrees to operate and maintain the bridge; 


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1 (3) the transfer of ownership complies with all 

2 applicable Federal requirements, including— 

3 (A) section 138 of title 23, United States 

4 Code; 

5 (B) section 306108 of title 54, United 

6 States Code; and 

7 (C) the National Environmental Policy Act 

8 of 1969 (42 U.S.C. 4321 et seq.); and 

9 (4) the Bureau of Reclamation and the State to 

10 which ownership is being transferred jointly notify 

11 the Secretary of Transportation of the intent to con12 duct a transfer prior to such transfer. 

13 (b) ACCESS.—In a transfer of ownership of a bridge 

14 under this section, the Commissioner of the Bureau of 

15 Reclamation— 

16 (1) shall not be required to transfer ownership 

17 of the land on which the bridge is located or any ad18 jacent lands; and 

19 (2) shall make arrangements with the State to 

20 which ownership is being transferred to allow for 

21 adequate access to such bridge, including for the 

22 purposes of construction, maintenance, and bridge 

23 inspections pursuant to section 144 of title 23, 

24 United States Code. 


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1 Subtitle F—Additional Provisions 

2 SEC. 1601. TOWARD ZERO DEATHS. 

3 (a) IN GENERAL.—A local government, metropolitan 

4 planning organization, or regional transportation planning 

5 organization may develop and implement a vision zero 

6 plan to significantly reduce or eliminate transportation-re7 lated fatalities and serious injuries within a specified time8 frame, not to exceed 20 years. 

9 (b) USE OF FUNDS.—Amounts apportioned to a 

10 State under paragraph (2) or (3) of section 104(b) of title 

11 23, United States Code, may be used to carry out a vision 

12 zero plan under this section. 

13 (c) CONTENTS OF PLAN.—A vision zero plan under 

14 this section shall include— 

15 (1) a description of projects or policies intended 

16 to significantly reduce or eliminate transportation17 related fatalities and serious injuries within a speci18 fied timeframe, not to exceed 20 years, using exist19 ing transportation data and consideration of risk 

20 factors; 

21 (2) plans for implementation of, education of 

22 the public about, and enforcement of such projects 

23 or policies; 


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1 (3) a description of how such projects or poli2 cies, and the enforcement of such projects or policies 

3 will— 

4 (A) equitably invest in the safety needs of 

5 low-income and minority communities; 

6 (B) ensure that such communities are not 

7 disproportionately targeted by law enforcement; 

8 and 

9 (C) protect the rights of members of such 

10 communities with respect to title VI of the Civil 

11 Rights Act of 1964 (42 U.S.C. 2000d et seq.); 

12 and 

13 (4) a description of a mechanism to evaluate 

14 progress of the implementation of the plan, including 

15 the gathering and use of transportation safety and 

16 demographic data. 

17 (d) INCLUSIONS.—A vision zero plan may include a 

18 complete streets prioritization plan that identifies a spe19 cific list of projects to— 

20 (1) create a connected network of active trans21 portation facilities, including sidewalks, bikeways, or 

22 pedestrian and bicycle trails, to connect communities 

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1 sistent with the goals described in section 150(b) of 

2 title 23, United States Code; 

3 (2) integrate active transportation facilities with 

4 public transportation service or improve access to 

5 public transportation; and 

6 (3) improve transportation options for low-in7 come and minority communities. 

8 (e) COORDINATION.—A vision zero plan under this 

9 section shall provide for coordination of various subdivi10 sions of a unit of local government in the implementation 

11 of the plan, including subdivisions responsible for law en12 forcement, public health, data collection, and public works. 

13 (f) SAFETY PERFORMANCE MANAGEMENT.—A vision 

14 zero plan under this section is not sufficient to dem15 onstrate compliance with the safety performance or plan16 ning requirements of section 148 or 150 of title 23, United 

17 States Code. 

18 SEC. 1602. SPEED LIMITS. 

19 (a) SPEED LIMITS.—The Secretary of Transpor20 tation shall revise the Manual of Uniform Traffic Control 

21 Devices to provide for a safe systems approach to setting 

22 speed limits, consistent with the safety recommendations 

23 issued by the National Transportation Safety Board on 

24 August 15, 2017, numbered H–17–27 and H–17–028. 


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1 (b) CONSIDERATIONS.—In carrying out subpara2 graph (A), the Secretary shall consider— 

3 (1) crash statistics; 

4 (2) road geometry characteristics; 

5 (3) roadside characteristics; 

6 (4) traffic volume; 

7 (5) the possibility and likelihood of human 

8 error; 

9 (6) human injury tolerance; 

10 (7) the prevalence of vulnerable road users; and 

11 (8) any other consideration, consistent with a 

12 safe system approach, as determined by the Sec13 retary. 

14 (c) REPORT ON SPEED MANAGEMENT PROGRAM

15 PLAN.—Not later than 1 year after the date of enactment 

16 of this Act, the Secretary shall update and report on the 

17 implementation progress of the Speed Management Pro18 gram Plan of the Department of Transportation, as de19 scribed in the safety recommendation issued by the Na20 tional Transportation Safety Board on August 15, 2017, 

21 numbered H–17–018. 

22 (d) DEFINITIONS.—In this section, the terms ‘‘safe 

23 system approach’’ and ‘‘vulnerable road user’’ have the 

24 meanings given such terms in section 148(a) of title 23, 

25 United States Code. 


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1 SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

2 (a) DEFINITIONS.—In this section: 

3 (1) APPROPRIATE COMMITTEES.—The term 

4 ‘‘appropriate committees’’ means— 

5 (A) the Committee on Transportation and 

6 Infrastructure of the House of Representatives; 

7 (B) the Committee on Energy and Com8 merce of the House of Representatives; 

9 (C) the Committee on Commerce, Science, 

10 and Transportation of the Senate; 

11 (D) the Committee on Environment and 

12 Public Works of the Senate; 

13 (E) the Committee on Appropriations of 

14 the House of Representatives; and 

15 (F) the Committee on Appropriations of 

16 the Senate. 

17 (2) APPROPRIATE STATE AGENCY.—The term 

18 ‘‘appropriate State agency’’ means a State govern19 mental agency that is recognized by the executive 

20 branch of the State as having the experience nec21 essary to evaluate and carry out projects relating to 

22 the proper and effective installation and operation of 

23 broadband infrastructure. 

24 (3) BROADBAND.—The term ‘‘broadband’’ has 

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1 cations capability’’ in section 706 of the Tele2 communications Act of 1996 (47 U.S.C. 1302). 

3 (4) BROADBAND INFRASTRUCTURE.—The term 

4 ‘‘broadband infrastructure’’ means any buried, un5 derground, or aerial facility, and any wireless or 

6 wireline connection that enables the provision of 

7 broadband. 

8 (5) BROADBAND INFRASTRUCTURE ENTITY.— 

9 The term ‘‘broadband infrastructure entity’’ means 

10 any entity, including a State or local entity or a pub11 lic-private partnership (between a State or local enti12 ty and a private entity), that— 

13 (A) installs, owns, or operates broadband 

14 infrastructure; and 

15 (B) provides broadband in a manner con16 sistent with the public interest, convenience, 

17 and necessity, as determined by the State. 

18 (6) DIG ONCE REQUIREMENT.—The term ‘‘dig 

19 once requirement’’ means a requirement designed to 

20 reduce the number and scale of repeated excavations 

21 for the installation and maintenance of broadband 

22 facilities in rights-of-way. 

23 (7) STATE.—The term ‘‘State’’ means— 

24 (A) a State; 

25 (B) the District of Columbia; and 


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1 (C) the Commonwealth of Puerto Rico. 

2 (b) BROADBAND INFRASTRUCTURE DEPLOYMENT.— 

3 To facilitate the installation of broadband infrastructure, 

4 the Secretary of Transportation shall, not later than 6 

5 months after the date of enactment of this Act, issue regu6 lations to ensure that each State that receives funds under 

7 chapter 1 of title 23, United States Code, meets the fol8 lowing requirements: 

9 (1) BROADBAND CONSULTATION.—The State 

10 department of transportation, in consultation with 

11 appropriate State agencies, shall— 

12 (A) identify a broadband utility coordi13 nator, who may have additional responsibilities 

14 in the State department of transportation or in 

15 another State agency, that is responsible for fa16 cilitating the broadband infrastructure right-of17 way efforts within the State; 

18 (B) establish a process for the registration 

19 of broadband infrastructure entities that seek 

20 to be included in the broadband infrastructure 

21 right-of-way facilitation efforts within the State; 

22 (C) review existing State broadband plans, 

23 including existing dig once requirements of the 

24 State or municipal governments within the 

25 State, to determine opportunities to coordinate 


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1 projects occurring within highway rights-of-way 

2 with planned broadband infrastructure projects; 

3 and 

4 (D) establish a process to electronically no5 tify broadband infrastructure entities registered 

6 under subparagraph (B)— 

7 (i) of the State transportation im8 provement program on an annual basis; 

9 (ii) of all projects within the highway 

10 right-of-way for which Federal funding is 

11 expected to be obligated in the subsequent 

12 fiscal year; and 

13 (iii) any opportunities for coordination 

14 identified by the State under subparagraph 

15 (C). 

16 (2) PRIORITY.—If a State provides for the in17 stallation of broadband infrastructure in the right18 of-way of an applicable Federal-aid highway project 

19 under this subsection, the State department of 

20 transportation, along with appropriate State agen21 cies, shall carry out any appropriate measures to en22 sure that any existing broadband infrastructure enti23 ties are not disadvantaged, as compared to other 

24 broadband infrastructure entities, with respect to 

25 the program under this subsection. 


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1 (3) EFFECT OF SUBSECTION.—This subsection 

2 shall apply only to activities for which Federal obli3 gations or expenditures are initially approved on or 

4 after the date regulations required under this sub5 section become effective. Nothing in this section es6 tablishes a mandate or requirement that a State in7 stall or allow the installation of broadband infra8 structure in a highway right-of-way. Nothing in this 

9 section authorizes the Secretary of Transportation to 

10 withhold or reserve funds or approval of a project 

11 under title 23, United States Code. 

12 (c) DIG ONCE FUNDING TASK FORCE.— 

13 (1) ESTABLISHMENT.—There is established an 

14 independent task force on funding for dig once to be 

15 known as the ‘‘Dig Once Funding Task Force’’ 

16 (hereinafter referred to as the ‘‘Task Force’’). 

17 (2) DUTIES.—The duties of the Task Force 

18 shall be to— 

19 (A) estimate the annual cost for a nation20 wide dig once requirement; and 

21 (B) propose and evaluate options for fund22 ing a nationwide dig once requirement that in23 cludes— 

24 (i) a discussion of the role of— 

25 (I) the Federal Government; 


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1 (II) State, local, and Tribal gov2 ernments; and 

3 (III) broadband infrastructure 

4 entities; and 

5 (ii) consideration of the role of exist6 ing dig once requirements of State, local, 

7 and Tribal governments, ensuring the ex8 pansion of such requirements are not 

9 disincentivized. 

10 (3) REPORTS.— 

11 (A) INTERIM REPORT AND BRIEFING.— 

12 Not later than 6 months after the date of en13 actment of this Act, the Task Force shall sub14 mit to Congress an interim report and provide 

15 for the appropriate committees briefings on the 

16 findings of the Task Force. 

17 (B) FINAL REPORT.—Not later than 9 

18 months after the date of enactment of this Act, 

19 the Task Force shall submit to Congress a final 

20 report on the findings of the Task Force. 

21 (4) COMPOSITIONS AND MEMBERSHIP.— 

22 (A) MEMBERSHIP.—The Task Force shall 

23 consist of 14 members, consisting of— 

24 (i) the 2 cochairs described in sub25 paragraph (B); and 


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1 (ii) 1 member appointed by each of 

2 the Chairs and Ranking Members of the 

3 appropriate committees. 

4 (B) COCHAIRS.—The Task Force shall be 

5 cochaired by— 

6 (i) the Secretary of Transportation; 

7 and 

8 (ii) the Assistant Secretary of Com9 merce for Communications and Informa10 tion. 

11 (C) APPOINTMENT DEADLINE.—Members 

12 shall be appointed to the Task Force not later 

13 than 60 days after the date of enactment of 

14 this Act. 

15 (D) EFFECT OF LACK OF APPOINTMENT

16 BY APPOINTMENT DATE.—If 1 or more appoint17 ments required under subparagraph (A) is not 

18 made by the appointment date specified in sub19 paragraph (C), the authority to make such ap20 pointment or appointments shall expire and the 

21 number of members of the Commission shall be 

22 reduced by the number equal to the number of 

23 appointments so expired. 

24 (E) TERMS.—Members shall be appointed 

25 for the life of the Task Force. A vacancy in the 


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1 Task Force shall not affect its powers and shall 

2 be filled in the same manner as the initial ap3 pointment was made. 

4 (5) CONSULTATIONS.—In carrying out the du5 ties required under this subsection, the Task Force 

6 shall consult, at a minimum— 

7 (A) the Federal Communications Commis8 sion; 

9 (B) agencies of States including— 

10 (i) State departments of transpor11 tation; and 

12 (ii) appropriate State agencies; 

13 (C) agencies of local and Tribal govern14 ments responsible for— 

15 (i) transportation and rights-of-way; 

16 and 

17 (iii) broadband access (including agen18 cies, subdivisions, or affiliated organiza19 tions that act as broadband infrastructure 

20 entities); and 

21 (D) broadband infrastructure entities and 

22 other telecommunications providers. 

23 (6) TERMINATION.—The Task Force shall ter24 minate not later than 90 days after issuance of the 

25 final report required under paragraph (3)(B). 


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1 SEC. 1604. APPALACHIAN DEVELOPMENT HIGHWAY SYS2 TEM FUNDING FLEXIBILITY. 

3 Any funds made available to a State for the Appa4 lachian development highway system program under sub5 title IV of title 40, United States Code, before the date 

6 of enactment of this Act may be used, at the request of 

7 such State to the Secretary of Transportation, for the pur8 poses described in section 133(b) of title 23, United States 

9 Code. 

10 SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of this Act, the Sec14 retary of Transportation and the Administrator shall 

15 seek to enter into an agreement with the Transpor16 tation Research Board of the National Academy of 

17 Sciences to under which the Transportation Re18 search Board shall conduct a study— 

19 (A) to estimate pollutant loads from 

20 stormwater runoff from highways and pedes21 trian facilities eligible for assistance under title 

22 23, United States Code, to inform the develop23 ment of appropriate total maximum daily load 

24 requirements; 

25 (B) to provide recommendations (including 

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1 ulations) regarding the evaluation and selection 

2 by State departments of transportation of po3 tential stormwater management and total max4 imum daily load compliance strategies within a 

5 watershed, including environmental restoration 

6 and pollution abatement carried out under sec7 tion 328 of title 23, United States Code; 

8 (C) to examine the potential for the Sec9 retary to assist State departments of transpor10 tation in carrying out and communicating 

11 stormwater management practices for highways 

12 and pedestrian facilities that are eligible for as13 sistance under title 23, United States Code, 

14 through information-sharing agreements, data15 base assistance, or an administrative platform 

16 to provide the information described in sub17 paragraphs (A) and (B) to entities issued per18 mits under the Federal Water Pollution Control 

19 Act (33 U.S.C. 1251 et seq.); and 

20 (D) to examine the benefit of concen21 trating stormwater retrofits in impaired water22 sheds and selecting such retrofits according to 

23 a process that depends on a watershed manage24 ment plan developed in accordance with section 


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1 319 of the Federal Water Pollution Control Act 

2 (33 U.S.C. 1329). 

3 (2) REQUIREMENTS.—In conducting the study 

4 under the agreement entered into pursuant to para5 graph (1), the Transportation Research Board 

6 shall— 

7 (A) review and supplement, as appropriate, 

8 the methodologies examined and recommended 

9 in the 2019 report of the National Academies 

10 of Sciences, Engineering, and Medicine titled 

11 ‘‘Approaches for Determining and Complying 

12 with TMDL Requirements Related to Roadway 

13 Stormwater Runoff’’; 

14 (B) consult with— 

15 (i) the Secretary of Transportation; 

16 (ii) the Administrator; 

17 (iii) the Secretary of the Army, acting 

18 through the Chief of Engineers; and 

19 (iv) State departments of Transpor20 tation; and 

21 (C) solicit input from— 

22 (i) stakeholders with experience in im23 plementing stormwater management prac24 tices for projects; and 


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1 (ii) educational and technical 

2 stormwater management groups. 

3 (3) REPORT.—In carrying out the agreement 

4 entered into pursuant to paragraph (1), not later 

5 than 18 months after the date of enactment of this 

6 Act, the Transportation Research Board shall sub7 mit to the Secretary of Transportation, the Adminis8 trator, the Committee on Transportation and Infra9 structure of the House of Representatives, and the 

10 Committee on Environment and Public Works of the 

11 Senate a report describing the results of the study. 

12 (b) STORMWATER BEST MANAGEMENT PRACTICES

13 REPORTS.— 

14 (1) REISSUANCE.—Not later than 180 days 

15 after the date of enactment of this Act, the Sec16 retary of Transportation shall update and reissue 

17 the best management practices reports to reflect new 

18 information and advancements in stormwater man19 agement. 

20 (2) UPDATES.—Not less frequently than once 

21 every 5 years after the date on which the Secretary 

22 reissues the best management practices reports 

23 under paragraph (1), the Secretary shall update and 

24 reissue the best management practices reports, un25 less the contents of the best management practices 


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1 reports have been incorporated (including by ref2 erence) into applicable regulations of the Secretary. 

3 (c) DEFINITIONS.—In this section: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) BEST MANAGEMENT PRACTICES RE8 PORTS.—The term ‘‘best management practices re9 ports’’ means— 

10 (A) the 2014 report sponsored by the De11 partment of Transportation titled ‘‘Determining 

12 the State of the Practice in Data Collection and 

13 Performance Measurement of Stormwater Best 

14 Management Practices’’ (FHWA–HEP–16– 

15 021); and 

16 (B) the 2000 report sponsored by the De17 partment of Transportation titled ‘‘Stormwater 

18 Best Management Practices in an Ultra-Urban 

19 Setting: Selection and Monitoring’’. 

20 (3) TOTAL MAXIMUM DAILY LOAD.—The term 

21 ‘‘total maximum daily load’’ has the meaning given 

22 such term in section 130.2 of title 40, Code of Fed23 eral Regulations (or successor regulations). 


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1 SEC. 1606. PEDESTRIAN RIGHT-OF-WAY. 

2 (a) IN GENERAL.—Not later than 60 days after the 

3 date of enactment of this Act, the Architectural and 

4 Transportation Barriers Compliance Board established 

5 under section 502(a)(1) of the Rehabilitation Act of 1973 

6 (29 U.S.C. 792), in consultation with the Secretary of 

7 Transportation, shall establish guidelines setting forth 

8 minimum standards for pedestrian facilities in the public 

9 right-of-way. 

10 (b) CONTENT OF GUIDANCE.—The guidelines de11 scribed in subsection (a) shall be substantially similar to— 

12 (1) the notice of proposed rulemaking published 

13 on July 26, 2011, titled ‘‘Accessibility Guidelines for 

14 Pedestrian Facilities in the Public Right-of-Way’’ 

15 (76 Fed. Reg. 44664); and 

16 (2) the supplemental notice of proposed rule17 making published on February 13, 2013, titled ‘‘Ac18 cessibility Guidelines for Pedestrian Facilities in the 

19 Public Right-of-Way; Shared Use Paths’’ (78 Fed. 

20 Reg. 10110). 

21 (c) ADOPTION OF REGULATIONS.—Not later than 

22 180 days after the establishment of the guidelines pursu23 ant to subsection (a), the Secretary shall issue such regu24 lations as are necessary to adopt such guidelines. 

25 SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT. 

26 (a) HIGHWAY FORMULA MODERNIZATION STUDY.— 


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1 (1) IN GENERAL.—The Secretary of Transpor2 tation, in consultation with the American Associa3 tion of State Transportation Officials and represent4 atives of local governments (including metropolitan 

5 planning organizations), shall conduct a highway 

6 formula modernization study to assess the method 

7 and data used to apportion Federal-aid highway 

8 funds under section 104(c) of title 23, United States 

9 Code, and issue recommendations on such method 

10 and data. 

11 (2) ASSESSMENT.—The highway formula mod12 ernization study required under paragraph (1) shall 

13 include an assessment of, based on the latest avail14 able data, whether the apportionment method under 

15 such section results in— 

16 (A) an equitable distribution of funds 

17 based on the estimated tax payments attrib18 utable to— 

19 (i) highway users in the State that are 

20 paid into the Highway Trust Fund; and 

21 (ii) individuals in the State that are 

22 paid to the Treasury, based on contribu23 tions to the Highway Trust Fund from the 

24 general fund of the Treasury; and 


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1 (B) the achievement of the goals described 

2 in section 101(b)(3) of title 23, United States 

3 Code. 

4 (3) CONSIDERATIONS.—In carrying out the as5 sessment under paragraph (2), the Secretary shall 

6 consider the following: 

7 (A) The factors described in sections 

8 104(b), 104(f)(2), 104(h)(2), 130(f), and 

9 144(e) of title 23, United States Code, as in ef10 fect on the date of enactment of SAFETEA– 

11 LU (Public Law 109–59). 

12 (B) The availability and accuracy of data 

13 necessary to calculate formula apportionments 

14 under the factors described in subparagraph 

15 (A). 

16 (C) The measures established under sec17 tion 150 of title 23, United States Code, and 

18 whether such measures are appropriate for con19 sideration as formula apportionment factors. 

20 (D) The results of the CMAQ formula 

21 modernization study required under subsection 

22 (b). 

23 (E) Any other factors that the Secretary 

24 determines are appropriate. 


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1 (4) RECOMMENDATIONS.—The Secretary shall, 

2 in consultation with the American Association of 

3 State Transportation Officials and representatives of 

4 local governments (including metropolitan planning 

5 organizations), develop recommendations on a new 

6 apportionment method, including— 

7 (A) the factors recommended to be in8 cluded in such apportionment method; 

9 (B) the weighting recommended to be ap10 plied to the factors under subparagraph (A); 

11 and 

12 (C) any other recommendations to ensure 

13 that the apportionment method best achieves an 

14 equitable distribution of funds described under 

15 paragraph (2)(A) and the goals described in 

16 paragraph (2)(B). 

17 (b) CMAQ FORMULA MODERNIZATION STUDY.— 

18 (1) IN GENERAL.—Not later than 1 year after 

19 the date of enactment of this Act, the Secretary of 

20 Transportation, in consultation with the Adminis21 trator of the Environmental Protection Agency, shall 

22 conduct an CMAQ formula modernization study to 

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1 sults in a distribution of funds that best achieves the 

2 air quality goals of section 149 of such title. 

3 (2) CONSIDERATIONS.—In providing consulta4 tion under this subsection, the Administrator shall 

5 provide to the Secretary an analysis of— 

6 (A) factors that contribute to the appor7 tionment, including population, types of pollut8 ants, and severity of pollutants; 

9 (B) the weighting of the factors listed 

10 under subparagraph (A); and 

11 (C) the recency of the data used in making 

12 the apportionment under section 104(b)(4) of 

13 title 23, United States Code. 

14 (3) RECOMMENDATIONS.—If, in conducting the 

15 study under this subsection, the Secretary finds that 

16 modifying the apportionment method under section 

17 104(b)(4) of title 23, United States Code, would 

18 best achieve the air quality goals of section 149 of 

19 title 23, United States Code, the Secretary shall, in 

20 consultation with the Administrator, include in such 

21 study recommendations for a new apportionment 

22 method, including— 

23 (A) the factors recommended to be in24 cluded in such apportionment method; 


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1 (B) the weighting recommended to be ap2 plied to the factors under subparagraph (A); 

3 and 

4 (C) any other recommendations to ensure 

5 that the apportionment method best achieves 

6 the air quality goals section 149 of such title. 

7 (c) REPORT.—No later than 2 years after the date 

8 of enactment of this Act, the Secretary shall submit to 

9 the Committee on Transportation and Infrastructure of 

10 the House of Representatives and the Committee on Envi11 ronment and Public Works of the Senate a report con12 taining the results of the highway formula modernization 

13 study and the CMAQ formula modification study. 

14 SEC. 1608. CONSOLIDATION OF PROGRAMS. 

15 Section 1519 of MAP–21 (Public Law 112–141) is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘fiscal years 2016 through 

19 2020’’ and inserting ‘‘fiscal years 2022 through 

20 2025’’; and 

21 (B) by striking ‘‘$3,500,000’’ and insert22 ing ‘‘$4,000,000’’; 

23 (2) by redesignating subsections (b) and (c) as 

24 subsections (c) and (d), respectively; and 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

4 cost of a project or activity carried out under subsection 

5 (a) shall be 100 percent.’’. 

6 SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS. 

7 (a) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary of Transportation 

9 shall submit to the Committee on Transportation and In10 frastructure of the House of Representatives and the Com11 mittee on Environment and Public Works of the Senate 

12 a report that describes the efforts of the Department of 

13 Transportation to encourage elementary, secondary, and 

14 post-secondary students to pursue careers in the surface 

15 transportation sector. 

16 (b) CONTENTS.—The report required under sub17 section (a) shall include— 

18 (1) a description of efforts to increase aware19 ness of careers related to surface transportation 

20 among elementary, secondary, and post-secondary 

21 students; 

22 (2) a description of efforts to prepare and in23 spire such students for surface transportation ca24 reers; 


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1 (3) a description of efforts to support the devel2 opment of a diverse, well-qualified workforce for fu3 ture surface transportation needs; and 

4 (4) the effectiveness of the efforts described in 

5 paragraphs (1) through (3). 

6 SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY 

7 SURFACE TRANSPORTATION WORKFORCE. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of enactment of this Act, the Secretary of Transpor10 tation shall establish a task force on developing a 21st 

11 century surface transportation workforce (in this section 

12 referred to as the ‘‘Task Force’’). 

13 (b) DUTIES.—Not later than 12 months after the es14 tablishment of the Task Force under subsection (a), the 

15 Task Force shall develop and submit to the Secretary rec16 ommendations and strategies for the Department of 

17 Transportation to— 

18 (1) evaluate the current and future state of the 

19 surface transportation workforce, including projected 

20 job needs in the surface transportation sector; 

21 (2) identify factors influencing individuals pur22 suing careers in surface transportation, including 

23 barriers to attracting individuals into the workforce; 

24 (3) address barriers to retaining individuals in 

25 surface transportation careers; 


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1 (4) identify and address potential impacts of 

2 emerging technologies on the surface transportation 

3 workforce; 

4 (5) increase access for vulnerable or underrep5 resented populations, especially women and minori6 ties, to high-skill, in-demand surface transportation 

7 careers; 

8 (6) facilitate and encourage elementary, sec9 ondary, and post-secondary students in the United 

10 States to pursue careers in the surface transpor11 tation sector; and 

12 (7) identify and develop pathways for students 

13 and individuals to secure pre-apprenticeships, reg14 istered apprenticeships, and other work-based learn15 ing opportunities in the surface transportation sector 

16 of the United States. 

17 (c) CONSIDERATIONS.—In developing recommenda18 tions and strategies under subsection (b), the Task Force 

19 shall— 

20 (1) identify factors that influence whether 

21 young people pursue careers in surface transpor22 tation, especially traditionally underrepresented pop23 ulations, including women and minorities; 

24 (2) consider how the Department, businesses, 

25 industry, labor, educators, and other stakeholders 


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1 can coordinate efforts to support qualified individ2 uals in pursuing careers in the surface transpor3 tation sector; 

4 (3) identify methods of enhancing surface 

5 transportation pre-apprenticeships and registered 

6 apprenticeships, job skills training, mentorship, edu7 cation, and outreach programs that are exclusive to 

8 youth in the United States; and 

9 (4) identify potential sources of funding, includ10 ing grants and scholarships, that may be used to 

11 support youth and other qualified individuals in pur12 suing careers in the surface transportation sector. 

13 (d) CONSULTATION.—In developing the recommenda14 tions and strategies required under subsection (b), the 

15 Task Force may consult with— 

16 (1) local educational agencies and institutes of 

17 higher education, including community colleges and 

18 vocational schools; and 

19 (2) State workforce development boards. 

20 (e) REPORT.—Not later than 60 days after the sub21 mission of the recommendations and strategies under sub22 section (b), the Secretary shall submit to the Committee 

23 on Transportation and Infrastructure of the House of 

24 Representatives and the Committee on Environment and 


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1 Public Works of the Senate a report containing such rec2 ommendations and strategies. 

3 (f) COMPOSITION OF TASK FORCE.—The Secretary 

4 shall appoint members to the Task Force whose diverse 

5 background and expertise allow such members to con6 tribute balanced points of view and ideas in carrying out 

7 this section, comprised of equal representation from each 

8 of the following: 

9 (1) Industries in the surface transportation sec10 tor. 

11 (2) Surface transportation sector labor organi12 zations. 

13 (3) Such other surface transportation stake14 holders and experts as the Secretary considers ap15 propriate. 

16 (g) PERIOD OF APPOINTMENT.—Members shall be 

17 appointed to the Task Force for the duration of the exist18 ence of the Task Force. 

19 (h) COMPENSATION.—Task Force members shall 

20 serve without compensation. 

21 (i) SUNSET.—The Task Force shall terminate upon 

22 the submission of the report required under subsection (e). 

23 (j) DEFINITIONS.—In this section: 

24 (1) PRE-APPRENTICESHIP.—The term ‘‘pre-ap25 prenticeship’’ means a training model or program 


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1 that prepares individuals for acceptance into a reg2 istered apprenticeship and has a demonstrated part3 nership with 1 or more registered apprenticeships. 

4 (2) REGISTERED APPRENTICESHIP.—The term 

5 ‘‘registered apprenticeship’’ means an apprenticeship 

6 program registered under the Act of August 16, 

7 1937 (29 U.S.C. 50 et seq.; commonly known as the 

8 ‘‘National Apprenticeship Act’’), that satisfies the 

9 requirements of parts 29 and 30 of title 29, Code 

10 of Federal Regulations (as in effect on January 1, 

11 2020). 

12 SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERV13 ICES. 

14 Section 140(b) of title 23, United States Code, is 

15 amended to read as follows: 

16 ‘‘(b) WORKFORCE TRAINING AND DEVELOPMENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in coopera18 tion with the Secretary of Labor and any other de19 partment or agency of the Government, State agen20 cy, authority, association, institution, Indian Tribal 

21 government, corporation (profit or nonprofit), or any 

22 other organization or person, is authorized to de23 velop, conduct, and administer surface transpor24 tation and technology training, including skill imVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 provement programs, and to develop and fund sum2 mer transportation institutes. 

3 ‘‘(2) STATE RESPONSIBILITIES.—A State de4 partment of transportation participating in the pro5 gram under this subsection shall— 

6 ‘‘(A) develop an annual workforce plan 

7 that identifies immediate and anticipated work8 force gaps and underrepresentation of women 

9 and minorities and a detailed plan to fill such 

10 gaps and address such underrepresentation; 

11 ‘‘(B) establish an annual workforce devel12 opment compact with the State workforce devel13 opment board and appropriate agencies to pro14 vide a coordinated approach to workforce train15 ing, job placement, and identification of train16 ing and skill development program needs, which 

17 shall be coordinated to the extent practical with 

18 an institution or agency, such as a State work19 force development board under section 101 of 

20 the Workforce Innovation and Opportunities 

21 Act (29 U.S.C. 3111), that has established 

22 skills training, recruitment, and placement re23 sources; and 

24 ‘‘(C) demonstrate program outcomes, in25 cluding— 


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1 ‘‘(i) impact on areas with transpor2 tation workforce shortages; 

3 ‘‘(ii) diversity of training participants; 

4 ‘‘(iii) number and percentage of par5 ticipants obtaining certifications or creden6 tials required for specific types of employ7 ment; 

8 ‘‘(iv) employment outcome, including 

9 job placement and job retention rates and 

10 earnings, using performance metrics estab11 lished in consultation with the Secretary of 

12 Labor and consistent with metrics used by 

13 programs under the Workforce Innovation 

14 and Opportunity Act (29 U.S.C. 3101 et 

15 seq.); and 

16 ‘‘(v) to the extent practical, evidence 

17 that the program did not preclude workers 

18 that participate in training or registered 

19 apprenticeship activities under the pro20 gram from being referred to, or hired on, 

21 projects funded under this chapter. 

22 ‘‘(3) FUNDING.—From administrative funds 

23 made available under section 104(a), the Secretary 

24 shall deduct such sums as necessary, not to exceed 

25 $10,000,000 in each fiscal year, for the administraVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 tion of this subsection. Such sums shall remain 

2 available until expended. 

3 ‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sub4 sections (b) through (d) of section 6101 of title 41 

5 shall not apply to contracts and agreements made 

6 under the authority granted to the Secretary under 

7 this subsection. 

8 ‘‘(5) USE OF SURFACE TRANSPORTATION AND

9 NATIONAL HIGHWAY PERFORMANCE PROGRAM

10 FUNDS.—Notwithstanding any other provision of 

law, not to exceed 1 11 ⁄2 of 1 percent of funds appor12 tioned to a State under paragraph (1) or (2) of sec13 tion 104 may be available to carry out this sub14 section upon request of the State transportation de15 partment to the Secretary.’’. 

16 SEC. 1612. WORK ZONE SAFETY. 

17 Section 504(e)(1) of title 23, United States Code, is 

18 amended— 

19 (1) by redesignating subparagraphs (F) and 

20 (G) as subparagraphs (G) and (H), respectively; and 

21 (2) by inserting after subparagraph (E) the fol22 lowing: 

23 ‘‘(F) tuition and direct educational ex24 penses or other costs of instruction related to 

25 the work zone safety training and certification 


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1 of employees of State and local transportation 

2 agencies and surface transportation construc3 tion workers;’’. 

4 SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT 

5 PROGRAM. 

6 Section 504 of title 23, United States Code, is 

7 amended— 

8 (1) in subsection (e)(1) by inserting ‘‘and (8) 

9 through (9)’’ after ‘‘paragraphs (1) through (4)’’; 

10 and 

11 (2) in subsection (f) by adding at the end the 

12 following: 

13 ‘‘(4) REPORTS.—The Secretary shall submit to 

14 the Committee on Transportation and Infrastructure 

15 of the House of Representatives and the Committee 

16 on Commerce, Science, and Transportation of the 

17 Senate an annual report that includes— 

18 ‘‘(A) a list of all grant recipients under 

19 this subsection; 

20 ‘‘(B) an explanation of why each recipient 

21 was chosen in accordance with the criteria 

22 under paragraph (2); 

23 ‘‘(C) a summary of each recipient’s objec24 tive to carry out the purpose described in paraVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 graph (1) and an analysis of progress made to2 ward achieving each such objective; 

3 ‘‘(D) an accounting for the use of Federal 

4 funds obligated or expended in carrying out this 

5 subsection; and 

6 ‘‘(E) an analysis of outcomes of the pro7 gram under this subsection.’’. 

8 SEC. 1614. WORKING GROUP ON CONSTRUCTION RE9 SOURCES. 

10 (a) ESTABLISHMENT.—Not later than 120 days after 

11 the date of enactment of this Act, the Secretary of Trans12 portation shall establish a working group (in this section 

13 referred to as the ‘‘Working Group’’) to conduct a study 

14 on access to covered resources for infrastructure projects. 

15 (b) MEMBERSHIP.— 

16 (1) APPOINTMENT.—The Secretary shall ap17 point to the Working Group individuals with knowl18 edge and expertise in the production and transpor19 tation of covered resources. 

20 (2) REPRESENTATION.—The Working Group 

21 shall include at least 1 representative of each of the 

22 following: 

23 (A) State departments of transportation. 

24 (B) State agencies associated with covered 

25 resources protection. 


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1 (C) State planning and geologic survey and 

2 mapping agencies. 

3 (D) Commercial motor vehicle operators, 

4 including small business operators and opera5 tors who transport covered resources. 

6 (E) Covered resources producers. 

7 (F) Construction contractors. 

8 (G) Metropolitan planning organizations 

9 and regional planning organizations. 

10 (H) Indian Tribes, including Tribal elected 

11 leadership or Tribal transportation officials. 

12 (I) Any other stakeholders that the Sec13 retary determines appropriate. 

14 (3) TERMINATION.—The Working Group shall 

15 terminate 6 months after the date on which the Sec16 retary receives the report under subsection (e)(1). 

17 (c) DUTIES.—In carrying out the study required 

18 under subsection (a), the Working Group shall analyze— 

19 (1) the use of covered resources in transpor20 tation projects funded with Federal dollars; 

21 (2) how the proximity of covered resources to 

22 such projects affects the cost and environmental im23 pact of such projects; 

24 (3) whether and how State, Tribal, and local 

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1 ered resources when developing transportation 

2 projects; and 

3 (4) any challenges for transportation project 

4 sponsors regarding access and proximity to covered 

5 resources. 

6 (d) CONSULTATION.—In carrying out the study re7 quired under subsection (a), the Working Group shall con8 sult with, as appropriate— 

9 (1) chief executive officers of States; 

10 (2) State, Tribal, and local transportation and 

11 planning agencies; 

12 (3) other relevant State, Tribal, and local agen13 cies, including State agencies associated with cov14 ered resources protection; 

15 (4) members of the public with industry experi16 ence with respect to covered resources; 

17 (5) other Federal entities that provide funding 

18 for transportation projects; and 

19 (6) any other stakeholder the Working Group 

20 determines appropriate. 

21 (e) REPORTS.— 

22 (1) WORKING GROUP REPORT.—Not later than 

23 2 years after the date on which the Working Group 

24 is established, the Working Group shall submit to 

25 the Secretary a report that includes— 


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1 (A) the findings of the study required 

2 under subsection (a), including a summary of 

3 comments received during the consultation 

4 process under subsection (d); and 

5 (B) any recommendations to preserve ac6 cess to and reduce the costs and environmental 

7 impacts of covered resources for infrastructure 

8 projects. 

9 (2) DEPARTMENTAL REPORT.—Not later than 

10 3 months after the date on which the Secretary re11 ceives the report under paragraph (1), the Secretary 

12 shall submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public 

15 Works of the Senate a summary of the findings 

16 under such report and any recommendations, as ap17 propriate. 

18 (f) DEFINITIONS.—In this section: 

19 (1) COVERED RESOURCES.—The term ‘‘covered 

20 resources’’ means common variety materials used in 

21 transportation infrastructure construction and main22 tenance, including stone, sand, and gravel. 

23 (2) STATE.—The term ‘‘State’’ means each of 

24 the several States, the District of Columbia, and 

25 each territory or possession of the United States. 


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1 TITLE II—PUBLIC 

2 TRANSPORTATION 

3 Subtitle A—Federal Transit 

4 Administration 

5 SEC. 2101. AUTHORIZATIONS. 

6 (a) IN GENERAL.—Section 5338 of title 49, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 5338. Authorizations 

9 ‘‘(a) GRANTS.— 

10 ‘‘(1) IN GENERAL.—There shall be available 

11 from the Mass Transit Account of the Highway 

12 Trust Fund to carry out sections 5305, 5307, 5308, 

13 5310, 5311, 5312, 5314, 5318, 5320, 5328, 5335, 

14 5337, 5339, and 5340— 

15 ‘‘(A) $16,185,800,000 for fiscal year 2022; 

16 ‘‘(B) $16,437,600,000 for fiscal year 2023; 

17 ‘‘(C) $16,700,600,000 for fiscal year 2024; 

18 and 

19 ‘‘(D) $16,963,600,000 for fiscal year 

20 2025. 

21 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

22 made available under paragraph (1)— 

23 ‘‘(A) $189,879,151 for fiscal year 2022, 

24 $192,841,266 for fiscal year 2023, 

25 $195,926,726 for fiscal year 2024, and 


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1 $199,002,776 for fiscal year 2025, shall be 

2 available to carry out section 5305; 

3 ‘‘(B) $7,505,830,848 for fiscal year 2022, 

4 $7,622,921,809 for fiscal year 2023, 

5 $7,744,888,558 for fiscal year 2024, and 

6 $7,866,483,309 for fiscal year 2025 shall be al7 located in accordance with section 5336 to pro8 vide financial assistance for urbanized areas 

9 under section 5307; 

10 ‘‘(C) $101,510,000 for fiscal year 2022, 

11 $103,093,556 for fiscal year 2023, 

12 $104,743,053 for fiscal year 2024, and 

13 $106,387,519 for fiscal year 2025 shall be 

14 available for grants under section 5308; 

15 ‘‘(D) $434,830,298 for fiscal year 2022, 

16 $441,613,651 for fiscal year 2023, 

17 $448,679,469 for fiscal year 2024, and 

18 $455,723,737 for fiscal year 2025 shall be 

19 available to carry out section 5310, of which 

20 not less than— 

21 ‘‘(i) $5,075,500 for fiscal year 2022, 

22 $5,154,678 for fiscal year 2023, 

23 $5,237,153 for fiscal year 2024, and 

24 $5,319,376 for fiscal year 2025 shall be 

25 available to carry out section 5310(j); and 


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1 ‘‘(ii) $20,302,000 for fiscal year 2022, 

2 $20,618,711 for fiscal year 2023, 

3 $20,948,611 for fiscal year 2024, and 

4 $21,277,504 for fiscal year 2025 shall be 

5 available to carry out section 5310(k); 

6 ‘‘(E) $1,025,199,724 for fiscal year 2022, 

7 $1,041,192,839 for fiscal year 2023, 

8 $1,057,851,925 for fiscal year 2024, and 

9 $1,074,460,200 for fiscal year 2025 shall be 

10 available to carry out section 5311, of which 

11 not less than— 

12 ‘‘(i) $45,679,500 for fiscal year 2022, 

13 $46,392,100 for fiscal year 2023, 

14 $47,134,374 for fiscal year 2024, and 

15 $47,874,383 for fiscal year 2025 shall be 

16 available to carry out section 5311(c)(1); 

17 and 

18 ‘‘(ii) $50,755,000 for fiscal year 2022, 

19 $51,546,778 for fiscal year 2023, 

20 $52,371,526 for fiscal year 2024, and 

21 $53,193,759 for fiscal year 2025 shall be 

22 available to carry out section 5311(c)(2); 

23 ‘‘(F) $33,498,300 for fiscal year 2022, 

24 $34,020,873 for fiscal year 2023, $34,565,207 

25 for fiscal year 2024, and $35,107,881 for fiscal 


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1 year 2025 shall be available to carry out section 

2 5312, of which not less than— 

3 ‘‘(i) $5,075,500 for fiscal year 2022, 

4 $5,154,678 for fiscal year 2023, 

5 $5,237,153 for fiscal year 2024, and 

6 $5,319,376 for fiscal year 2025 shall be 

7 available to carry out each of sections 

8 5312(d)(3), 5312(d)(4) and 5312(j); 

9 ‘‘(ii) $3,045,300 for fiscal year 2022, 

10 $3,092,807 for fiscal year 2023, 

11 $3,142,292 for fiscal year 2024, and 

12 $3,191,626 for fiscal year 2025 shall be 

13 available to carry out section 5312(h); and 

14 ‘‘(iii) $10,151,000 for fiscal year 

15 2022, $10,309,356 for fiscal year 2023, 

16 $10,474,305 for fiscal year 2024, and 

17 $10,638,752 for fiscal year 2025 shall be 

18 available to carry out section 5312(i); 

19 ‘‘(G) $23,347,300 for fiscal year 2022, 

20 $23,711,518 for fiscal year 2023, $24,090,902 

21 for fiscal year 2024, and $24,469,129 for fiscal 

22 year 2025 shall be available to carry out section 

23 5314, of which not less than— 

24 ‘‘(i) $4,060,400 for fiscal year 2022, 

25 $4,123,742 for fiscal year 2023, 


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1 $4,189,722 for fiscal year 2024, and 

2 $4,255,501 for fiscal year 2025 shall be 

3 available to carry out section of 5314(a); 

4 ‘‘(ii) $5,075,500 for fiscal year 2022, 

5 $5,154,678 for fiscal year 2023, 

6 $5,237,153 for fiscal year 2024, and 

7 $5,319,376 for fiscal year 2025 shall be 

8 available to carry out section 5314(c); and 

9 ‘‘(iii) $12,181,200 for fiscal year 

10 2022, $12,371,227 for fiscal year 2023, 

11 $12,569,166 for fiscal year 2024, and 

12 $12,766,502 for fiscal year 2025 shall be 

13 available to carry out section 5314(b)(2); 

14 ‘‘(H) $5,075,500 for fiscal year 2022, 

15 $5,154,678 for fiscal year 2023, $5,237,153 for 

16 fiscal year 2024, and $5,319,376 for fiscal year 

17 2025 shall be available to carry out section 

18 5318; 

19 ‘‘(I) $30,453,000 for fiscal year 2022, 

20 $30,928,067 for fiscal year 2023, $31,422,916 

21 for fiscal year 2024, and $31,916,256 for fiscal 

22 year 2025 shall be available to carry out section 

23 5328, of which not less than— 

24 ‘‘(i) $25,377,500 for fiscal year 2022, 

25 $25,773,389 for fiscal year 2023, 


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1 $26,185,763 for fiscal year 2024, and 

2 $26,596,880 for fiscal year 2025 shall be 

3 available to carry out section of 5328(b); 

4 and 

5 ‘‘(ii) $2,537,750 for fiscal year 2022, 

6 $2,577,339 for fiscal year 2023, 

7 $2,618,576 for fiscal year 2024, and 

8 $2,659,688 for fiscal year 2025 shall be 

9 available to carry out section 5328(c); 

10 ‘‘(J) $4,060,400 for fiscal year 2022, 

11 $4,123,742 for fiscal year 2023, $4,189,722 for 

12 fiscal year 2024, and $4,255,501 for fiscal year 

13 2025 shall be available to carry out section 

14 5335; 

15 ‘‘(K) $4,192,573,361 for fiscal year 2022, 

16 $4,266,448,314 for fiscal year 2023, 

17 $4,344,093,870 for fiscal year 2024, and 

18 $4,422,314,724 for fiscal year 2025 shall be 

19 available to carry out section 5337; 

20 ‘‘(L) to carry out the bus formula program 

21 under section 5339(a)— 

22 ‘‘(i) $1,240,328,213 for fiscal year 

23 2022, $1,259,667,334 for fiscal year 2023, 

24 $1,279,832,171 for fiscal year 2024, and 


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1 $1,299,925,536 for fiscal year 2025; ex2 cept that 

3 ‘‘(ii) 15 percent of the amounts under 

4 clause (i) shall be available to carry out 

5 5339(d); 

6 ‘‘(M) $437,080,000 for fiscal year 2022, 

7 $424,748,448 for fiscal year 2023, 

8 $387,944,423 for fiscal year 2024, and 

9 $351,100,151 for fiscal year 2025 shall be 

10 available to carry out section 5339(b); 

11 ‘‘(N) $375,000,000 for fiscal year 2022, 

12 $400,000,000 for fiscal year 2023, 

13 $450,000,000 for fiscal year 2024, and 

14 $500,000,000 for fiscal year 2025 shall be 

15 available to carry out section 5339(c); and 

16 ‘‘(O) $587,133,905 for each of fiscal years 

17 2022 through 2025 shall be available to carry 

18 out section 5340 to provide financial assistance 

19 for urbanized areas under section 5307 and 

20 rural areas under section 5311, of which— 

21 ‘‘(i) $309,688,908 for each of fiscal 

22 years 2022 through 2025 shall be for 

23 growing States under section 5340(c); and 


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1 ‘‘(ii) $277,444,997 for each of fiscal 

2 years 2022 through 2025 shall be for high 

3 density States under section 5340(d). 

4 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au5 thorized to be appropriated to carry out section 5309 

6 $3,500,000,000 for fiscal year 2022, $4,250,000,000 for 

7 fiscal year 2023, $5,000,000,000 for fiscal year 2024, and 

8 5,500,000,000 for fiscal year 2025. 

9 ‘‘(c) ADMINISTRATION.— 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to carry out section 5334, 

12 $142,060,785 for fiscal year 2022, $144,191,696 for 

13 fiscal year 2023, $146,412,248 for fiscal year 2024, 

14 and 148,652,356 for fiscal year 2025. 

15 ‘‘(2) SECTION 5329.—Of the amounts author16 ized to be appropriated under paragraph (1), not 

17 less than $6,000,000 for each of fiscal years 2022 

18 through 2025 shall be available to carry out section 

19 5329. 

20 ‘‘(3) SECTION 5326.—Of the amounts made 

21 available under paragraph (2), not less than 

22 $2,500,000 for each of fiscal years 2022 through 

23 2025 shall be available to carry out section 5326. 

24 ‘‘(d) OVERSIGHT.— 


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1 ‘‘(1) IN GENERAL.—Of the amounts made 

2 available to carry out this chapter for a fiscal year, 

3 the Secretary may use not more than the following 

4 amounts for the activities described in paragraph 

5 (2): 

6 ‘‘(A) 0.5 percent of amounts made avail7 able to carry out section 5305. 

8 ‘‘(B) 0.75 percent of amounts made avail9 able to carry out section 5307. 

10 ‘‘(C) 1 percent of amounts made available 

11 to carry out section 5309. 

12 ‘‘(D) 1 percent of amounts made available 

13 to carry out section 601 of the Passenger Rail 

14 Investment and Improvement Act of 2008 

15 (Public Law 110–432; 126 Stat. 4968). 

16 ‘‘(E) 0.5 percent of amounts made avail17 able to carry out section 5310. 

18 ‘‘(F) 0.5 percent of amounts made avail19 able to carry out section 5311. 

20 ‘‘(G) 1 percent of amounts made available 

21 to carry out section 5337, of which not less 

22 than 25 percent of such amounts shall be avail23 able to carry out section 5329 and of which not 

24 less than 10 percent of such amounts shall be 

25 made available to carry out section 5320. 


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1 ‘‘(H) 1 percent of amounts made available 

2 to carry out section 5339 of which not less than 

3 10 percent of such amounts shall be made 

4 available to carry out section 5320. 

5 ‘‘(2) ACTIVITIES.—The activities described in 

6 this paragraph are as follows: 

7 ‘‘(A) Activities to oversee the construction 

8 of a major capital project. 

9 ‘‘(B) Activities to review and audit the 

10 safety and security, procurement, management, 

11 and financial compliance of a recipient or sub12 recipient of funds under this chapter. 

13 ‘‘(C) Activities to provide technical assist14 ance generally, and to provide technical assist15 ance to correct deficiencies identified in compli16 ance reviews and audits carried out under this 

17 section. 

18 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

19 Government shall pay the entire cost of carrying out 

20 a contract under this subsection/activities described 

21 in paragraph (2). 

22 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

23 Funds made available under paragraph (1)(C) shall 

24 be made available to the Secretary before allocating 


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1 the funds appropriated to carry out any project 

2 under a full funding grant agreement. 

3 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

4 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

5 FUND.—A grant or contract that is approved by the 

6 Secretary and financed with amounts made available 

7 from the Mass Transit Account of the Highway 

8 Trust Fund pursuant to this section is a contractual 

9 obligation of the Government to pay the Government 

10 share of the cost of the project. 

11 ‘‘(2) GRANTS FINANCED FROM GENERAL

12 FUND.—A grant or contract that is approved by the 

13 Secretary and financed with amounts appropriated 

14 in advance from the general fund of the Treasury 

15 pursuant to this section is a contractual obligation 

16 of the Government to pay the Government share of 

17 the cost of the project only to the extent that 

18 amounts are appropriated for such purpose by an 

19 Act of Congress. 

20 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

21 available by or appropriated under this section shall re22 main available until expended.’’. 

23 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 5311 of title 49, United States 

2 Code, is amended by striking ‘‘5338(a)(2)(F)’’ and 

3 inserting ‘‘5338(a)(2)(E)’’. 

4 (2) Section 5312(i)(1) of title 49, United States 

5 Code, is amended by striking ‘‘5338(a)(2)(G)(ii)’’ 

6 and inserting ‘‘5338(a)(2)(F)(iii)’’. 

7 (3) Section 5333(b) of title 49, United States 

8 Code, is amended by striking ‘‘5328, 5337, and 

9 5338(b)’’ each place it appears and inserting ‘‘and 

10 5337’’. 

11 (4) Section 5336 of title 49, United States 

12 Code, is amended— 

13 (A) in subsection (d)(1) by striking 

14 ‘‘5338(a)(2)(C)’’ and inserting 

15 ‘‘5338(a)(2)(B)’’; and 

16 (B) in subsection (h) by striking 

17 ‘‘5338(a)(2)(C)’’ and inserting 

18 ‘‘5338(a)(2)(B)’’. 

19 (5) Subsections (c) and (d)(1) of section 5327 

20 of title 49, United States Code, are amended by 

21 striking ‘‘5338(f)’’ and inserting ‘‘5338(d)’’. 

22 (6) Section 5340(b) of title 49, United States 

23 Code, is amended by striking ‘‘5338(b)(2)(N)’’ and 

24 inserting ‘‘5338(a)(2)(O)’’. 


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1 SEC. 2102. CHAPTER 53 DEFINITIONS. 

2 Section 5302 of title 49, United States Code, is 

3 amended— 

4 (1) in paragraph (1)(E)— 

5 (A) by striking ‘‘and the installation’’ and 

6 inserting ‘‘, the installation’’; and 

7 (B) by inserting ‘‘, and bikeshare projects’’ 

8 after ‘‘public transportation vehicles’’; 

9 (2) in paragraph (3)— 

10 (A) in subparagraph (G) by striking clause 

11 (iii) and inserting the following: 

12 ‘‘(iii) provides a fair share of revenue 

13 established by the Secretary that will be 

14 used for public transportation, except for a 

15 joint development that is a community 

16 service (as defined by the Federal Transit 

17 Administration), publicly operated facility, 

18 or offers a minimum of 50 percent of units 

19 as affordable housing, meaning legally 

20 binding affordability restricted housing 

21 units available to tenants with incomes 

22 below 60 percent of the area median in23 come or owners with incomes below the 

24 area median;’’; and 

25 (B) in subparagraph (N)— 


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1 (i) by striking ‘‘no emission’’ and in2 serting ‘‘zero emission’’; and 

3 (ii) by striking ‘‘(as defined in section 

4 5339(c))’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(25) RESILIENCE.— 

7 ‘‘(A) IN GENERAL.—The term ‘resilience’ 

8 means, with respect to a facility, the ability 

9 to— 

10 ‘‘(i) anticipate, prepare for, or adapt 

11 to conditions; or 

12 ‘‘(ii) withstand, respond to, or recover 

13 rapidly from disruptions. 

14 ‘‘(B) INCLUSIONS.—Such term includes, 

15 with respect to a facility, the ability to— 

16 ‘‘(i) resist hazards or withstand im17 pacts from disruptions; 

18 ‘‘(ii) reduce the magnitude, duration, 

19 or impact of a disruption; or 

20 ‘‘(iii) have the absorptive capacity, 

21 adaptive capacity, and recoverability to de22 crease vulnerability to a disruption. 

23 ‘‘(26) ASSAULT ON A TRANSIT WORKER.—The 

24 term ‘assault on a transit worker’ means any cir25 cumstance in which an individual knowingly, without 


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1 lawful authority or permission, and with intent to 

2 endanger the safety of any individual, or with a 

3 reckless disregard for the safety of human life, inter4 feres with, disables, or incapacitates any transit 

5 worker while the transit worker is performing his or 

6 her duties.’’. 

7 SEC. 2103. GENERAL PROVISIONS. 

8 Section 5323 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (d)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘urban area’’ and in13 serting ‘‘urbanized area’’; and 

14 (ii) by striking ‘‘operator can provide’’ 

15 and inserting ‘‘operator provides’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(3) EXCEPTIONS.—This subsection shall not 

18 apply to financial assistance under this chapter— 

19 ‘‘(A) in which the non-Federal share of 

20 project costs are provided from amounts re21 ceived under a service agreement with a State 

22 or local social service agency or private social 

23 service organization pursuant to section 

24 5307(d)(3)(E) or section 5311(g)(3)(C); 


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1 ‘‘(B) provided to a recipient or sub2 recipient whose sole receipt of such assistance 

3 derives from section 5310; or 

4 ‘‘(C) provided to a recipient operating a 

5 fixed route service that is— 

6 ‘‘(i) for a period of less than 30 days; 

7 ‘‘(ii) accessible to the public; and 

8 ‘‘(iii) contracted by a local govern9 ment entity that provides local cost share 

10 to the recipient.’’; 

11 (2) in subsection (h)— 

12 (A) in paragraph (1) by adding ‘‘or’’ at the 

13 end; and 

14 (B) by striking paragraph (2) and redesig15 nating paragraph (3) as paragraph (2); 

16 (3) by striking subsection (j) and inserting the 

17 following: 

18 ‘‘(j) REPORTING ACCESSIBILITY COMPLAINTS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

20 that an individual who believes that he or she, or a 

21 specific class in which the individual belongs, has 

22 been subjected to discrimination on the basis of dis23 ability by a State or local governmental entity, pri24 vate nonprofit organization, or Tribe that operates a 

25 public transportation service and is a recipient or 


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1 subrecipient of funds under this chapter, may, by 

2 the individual or by an authorized representative, file 

3 a complaint with the Department of Transportation. 

4 ‘‘(2) PROCEDURES.—Not later than 1 year 

5 after the date of enactment of the INVEST in 

6 America Act, the Secretary shall implement proce7 dures that allow an individual to submit a complaint 

8 described in paragraph (1) by phone, mail-in form, 

9 and online through the website of the Office of Civil 

10 Rights of the Federal Transit Administration. 

11 ‘‘(3) NOTICE TO INDIVIDUALS WITH DISABIL12 ITIES.—Not later than 12 months after the date of 

13 enactment of the INVEST in America Act, the Sec14 retary shall require that each public transit provider 

15 and contractor providing paratransit services shall 

16 include on a publicly available website of the service 

17 provider, any related mobile device application, and 

18 online service— 

19 ‘‘(A) notice that an individual can file a 

20 disability-related complaint with the local tran21 sit agency and the process and any timelines for 

22 filing such a complaint; 

23 ‘‘(B) the telephone number, or a com24 parable electronic means of communication, for 

25 the disability assistance hotline of the Office of 


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1 Civil Rights of the Federal Transit Administra2 tion; 

3 ‘‘(C) notice that a consumer can file a dis4 ability related complaint with the Office of Civil 

5 Rights of the Federal Transit Administration; 

6 and 

7 ‘‘(D) an active link to the website of the 

8 Office of Civil Rights of the Federal Transit 

9 Administration for an individual to file a dis10 ability-related complaint. 

11 ‘‘(4) INVESTIGATION OF COMPLAINTS.—Not 

12 later than 60 days after the last day of each fiscal 

13 year, the Secretary shall publish a report that lists 

14 the disposition of complaints described in paragraph 

15 (1), including— 

16 ‘‘(A) the number and type of complaints 

17 filed with Department of Transportation; 

18 ‘‘(B) the number of complaints inves19 tigated by the Department; 

20 ‘‘(C) the result of the complaints that were 

21 investigated by the Department including 

22 whether the complaint was resolved— 

23 ‘‘(i) informally; 

24 ‘‘(ii) by issuing a violation through a 

25 noncompliance Letter of Findings; or 


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1 ‘‘(iii) by other means, which shall be 

2 described; and 

3 ‘‘(D) if a violation was issued for a com4 plaint, whether the Department resolved the 

5 noncompliance by— 

6 ‘‘(i) reaching a voluntary compliance 

7 agreement with the entity; 

8 ‘‘(ii) referring the matter to the Attor9 ney General; or 

10 ‘‘(iii) by other means, which shall be 

11 described. 

12 ‘‘(5) REPORT.—The Secretary shall, upon im13 plementation of this section and annually thereafter, 

14 submit to the Committee on Transportation and In15 frastructure of the House of Representatives, the 

16 Committee on Banking, Housing, and Urban Affairs 

17 of the Senate, and make publicly available a report 

18 containing the information collected under this sec19 tion.’’; 

20 (4) by striking subsection (m) and inserting the 

21 following: 

22 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

23 ROLLING STOCK PURCHASES.—The Secretary shall pre24 scribe regulations requiring a preaward and postdelivery 

25 review of a grant under this chapter to buy rolling stock 


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1 to ensure compliance with bid specifications requirements 

2 of grant recipients under this chapter. Under this sub3 section, grantee inspections and review are required, and 

4 a manufacturer certification is not sufficient.’’; 

5 (5) in subsection (r)— 

6 (A) by inserting ‘‘or beneficial’’ after ‘‘det7 rimental’’; 

8 (B) by striking the period at the end and 

9 inserting ‘‘; and’’; 

10 (C) by striking ‘‘under this chapter may 

11 not deny’’ and inserting the following: ‘‘under 

12 this chapter— 

13 ‘‘(1) may not deny’’; and 

14 (D) by adding at the end the following: 

15 ‘‘(2) shall respond to any request for reasonable 

16 access within 75 days of the receipt of the request.’’; 

17 and 

18 (6) by striking subsection (t) and redesignating 

19 subsections (u) and (v) as subsections (t) and (u), 

20 respectively. 

21 SEC. 2104. MISCELLANEOUS PROVISIONS. 

22 (a) STATE OF GOOD REPAIR GRANTS.—Section 

23 5337(e) of title 49, United States Code, is amended by 

24 adding at the end the following: 


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1 ‘‘(3) ACCESSIBILITY COSTS.—Notwithstanding 

2 paragraph (1), the Federal share of the net project 

3 cost of a project to provide accessibility in compli4 ance with the Americans with Disabilities Act of 

5 1990 (42 U.S.C. 12101 et seq.) shall be 90 per6 cent.’’. 

7 (b) APPORTIONMENTS BASED ON GROWING STATES

8 AND HIGH DENSITY STATES FORMULA FACTORS.—Sec9 tion 5340(a) of title 49, United States Code, is amended 

10 by inserting ‘‘and the District of Columbia’’ after ‘‘United 

11 States’’. 

12 (c) TECHNICAL ASSISTANCE AND WORKFORCE DE13 VELOPMENT.—Section 5314 of title 49, United States 

14 Code, is amended— 

15 (1) in subsection (a)(1)(B)— 

16 (A) in clause (i) by striking ‘‘; and’’ and 

17 inserting a semicolon; 

18 (B) in clause (ii) by striking the period 

19 and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(iii) technical assistance to assist re22 cipients with the impacts of a new census 

23 count.’’; and 

24 (2) in subsection (c)(4)(A) by inserting ‘‘, 

25 5311’’ after ‘‘5307’’. 


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1 (d) ADMINISTRATIVE PROVISIONS.—Section 5334 of 

2 title 49, United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(l) NECESSARILY IMPLIED ACTIVITIES.—Notwith5 standing any other provision of law, in the event of a lapse 

6 in authorization or appropriations for the Federal transit 

7 program under this title, the administrative activities that 

8 are necessary to disburse valid obligations are necessarily 

9 implied by the continued availability of funding for making 

10 disbursements of amounts previously obligated, pursuant 

11 to section 1553 of title 31.’’. 

12 (e) NATIONAL TRANSIT DATABASE.—Section 5335 

13 of title 49, United States Code, is amended by inserting 

14 ‘‘and any information on each assault on a transit worker’’ 

15 after ‘‘by the recipient’’. 

16 (f) URBANIZED AREA FORMULA GRANTS.—Section 

17 5307 of title 49, United States Code, is amended— 

18 (1) in subsection (a)(2)(A)— 

19 (A) in clause (i) by striking ‘‘or’’ at the 

20 end; and 

21 (B) by adding at the end the following: 

22 ‘‘(iii) operate a minimum of 101 buses 

23 and a maximum of 125 buses in fixed 

24 route service or demand response service, 

25 excluding ADA complementary paratransit 


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1 service, during peak service hours, in an 

2 amount not to exceed 25 percent of the 

3 share of the apportionment which is attrib4 utable to such systems within the urban5 ized area, as measured by vehicle revenue 

6 hours; or’’; 

7 (2) in subsection (a)(2)(B)— 

8 (A) in clause (i) by striking ‘‘or’’ at the 

9 end; 

10 (B) in clause (ii) by striking the period at 

11 the end and inserting ‘‘; or’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(iii) operate a minimum of 101 buses 

14 and a maximum of 125 buses in fixed 

15 route service or demand response service, 

16 excluding ADA complementary paratransit 

17 service, during peak service hours, in an 

18 amount not to exceed 25 percent of the 

19 share of the apportionment allocated to 

20 such systems within the urbanized area, as 

21 determined by the local planning process 

22 and included in the designated recipient’s 

23 final program of projects prepared under 

24 subsection (b).’’; and 

25 (3) in subsection (b)— 


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1 (A) in paragraph (6) by striking ‘‘and’’ at 

2 the end; 

3 (B) by redesignating paragraph (7) as 

4 paragraph (8); and 

5 (C) by inserting after paragraph (6) the 

6 following: 

7 ‘‘(7) ensure that the proposed program of 

8 projects provides improved access to transit for the 

9 individuals described in section 5336(j); and’’. 

10 (g) TECHNICAL CORRECTION.—Section 

11 5307(a)(2)(B)(ii) of title 49, United States Code, is 

12 amended by striking ‘‘service during peak’’ and inserting 

13 ‘‘service, during peak’’. 

14 SEC. 2105. POLICIES AND PURPOSES. 

15 Section 5301(b) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (7) by striking ‘‘; and’’ and in18 serting a semicolon; 

19 (2) in paragraph (8) by striking the period and 

20 inserting a semicolon; and 

21 (3) by adding at the end the following: 

22 ‘‘(8) reduce the contributions of the surface 

23 transportation system to the total carbon pollution 

24 of the United States; and 


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1 ‘‘(9) improve the resiliency of the public trans2 portation network to withstand weather events and 

3 other natural disasters.’’. 

4 SEC. 2106. FISCAL YEAR 2022 FORMULAS. 

5 For fiscal year 2022, the Secretary shall apportion 

6 and distribute formula funds provided for under chapter 

7 53 of title 49, United States Code, using data submitted 

8 to the 2019 National Transit Database. 

9 Subtitle B—Improving Frequency 

10 and Ridership 

11 SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 

12 RIDERSHIP COMPETITIVE GRANTS. 

13 (a) IN GENERAL.—Chapter 53 of title 49, United 

14 States Code, is amended by inserting after section 5307 

15 the following new section: 

16 ‘‘§ 5308. Multi-jurisdictional bus frequency and rider17 ship competitive grants 

18 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

19 under this section, on a competitive basis, to eligible re20 cipients to increase the frequency and ridership of public 

21 transit buses. 

22 ‘‘(b) APPLICATIONS.—To be eligible for a grant 

23 under this section, an eligible recipient shall submit to the 

24 Secretary an application at such time, in such manner, 


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1 and containing such information as the Secretary may re2 quire. 

3 ‘‘(c) APPLICATION TIMING.—Not later than 90 days 

4 after amounts are made available to carry out this section, 

5 the Secretary shall solicit grant applications from eligible 

6 recipients for projects described in subsection (d). 

7 ‘‘(d) USES OF FUNDS.—An eligible recipient of a 

8 grant under this section shall use such grant for capital 

9 projects that— 

10 ‘‘(1) increase— 

11 ‘‘(A) the frequency of bus service; 

12 ‘‘(B) bus ridership; and 

13 ‘‘(C) total person throughput; and 

14 ‘‘(2) are consistent with, and as described in, 

15 the design guidance issued by the National Associa16 tion of City Transportation Officials and titled 

17 ‘Transit Street Design Guide’. 

18 ‘‘(e) GRANT CRITERIA.—In making grants under this 

19 section, the Secretary shall consider the following: 

20 ‘‘(1) Each eligible recipient’s projected increase 

21 in bus frequency. 

22 ‘‘(2) Each eligible recipient’s projected increase 

23 in bus ridership. 

24 ‘‘(3) Each eligible recipient’s projected increase 

25 in total person throughput. 


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1 ‘‘(4) The degree of regional collaboration de2 scribed in each eligible recipient’s application, in3 cluding collaboration with— 

4 ‘‘(A) a local government entity that oper5 ates a public transportation service; 

6 ‘‘(B) local government agencies that con7 trol street design; 

8 ‘‘(C) metropolitan planning organizations 

9 (as such term is defined in section 5303); and 

10 ‘‘(D) State departments of transportation. 

11 ‘‘(f) GRANT TIMING.—The Secretary shall award 

12 grants under this section not later than 120 days after 

13 the date on which the Secretary completes the solicitation 

14 described in subsection (c). 

15 ‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car16 rying out the program under this section, the Secretary 

17 shall— 

18 ‘‘(1) not later than the date described in sub19 section (c), publish in the Federal Register a list of 

20 all metrics and evaluation procedures to be used in 

21 making grants under this section; and 

22 ‘‘(2) publish in the Federal Register— 

23 ‘‘(A) a summary of the final metrics and 

24 evaluations used in making grants under this 

25 section; and 


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1 ‘‘(B) a list of the ratings of eligible recipi2 ents receiving a grant under this section based 

3 on such metrics and evaluations. 

4 ‘‘(h) FEDERAL SHARE.— 

5 ‘‘(1) IN GENERAL.—The Federal share of the 

6 cost of a project carried out under this section shall 

7 not exceed 80 percent. 

8 ‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 

9 Secretary may make a grant for a project under this 

10 section in an amount up to 150 percent of the 

11 amount— 

12 ‘‘(A) provided for such project under title 

13 23; and 

14 ‘‘(B) of remaining costs, as defined under 

15 section 5307(d)(3), that were budgeted for 

16 roadways for such project. 

17 ‘‘(i) REQUIREMENTS OF SECTION 5307.—Except as 

18 otherwise provided in this section, a grant under this sec19 tion shall be subject to the requirements of section 5307. 

20 ‘‘(j) AVAILABILITY OF FUNDS.— 

21 ‘‘(1) IN GENERAL.—Amounts made available to 

22 carry out this section shall remain available for 4 

23 fiscal years after the fiscal year for which the 

24 amount was made available. 


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1 ‘‘(2) UNOBLIGATED AMOUNTS.—After the expi2 ration of the period described in paragraph (1) for 

3 an amount made available to carry out this section, 

4 any unobligated amounts made available to carry out 

5 this section shall be added to the amounts made 

6 available for the following fiscal year. 

7 ‘‘(k) ELIGIBLE RECIPIENTS.—In this section, the 

8 term ‘eligible recipient’ means a recipient of a grant under 

9 section 5307 in an urbanized area with a population great10 er than 500,000.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 53 of title 49, United States Code, is amended by in13 serting after the item relating to section 5307 the fol14 lowing new item: 

‘‘5308. Multi-jurisdictional bus frequency and ridership competitive grants.’’. 

15 SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FOR16 MULA. 

17 Section 5336 of title 49, United States Code, is 

18 amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (2)— 

21 (i) in subparagraph (A)— 

22 (I) in the matter preceding clause 

23 (i) by striking ‘‘95.61 percent’’ and 

24 inserting ‘‘95 percent’’; 


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1 (II) in clause (i) by striking 

2 ‘‘95.61 percent’’ and inserting ‘‘95 

3 percent’’; and 

4 (III) in clause (ii) by striking 

5 ‘‘95.61 percent’’ and inserting ‘‘95 

6 percent’’; and 

7 (ii) in subparagraph (B)— 

8 (I) in the matter preceding clause 

9 (i) by striking ‘‘4.39 percent’’ and in10 serting ‘‘5 percent’’; 

11 (II) in clause (i)— 

12 (aa) by inserting ‘‘in the 

13 highest 25 percent of routes by 

14 ridership’’ before ‘‘multiplied 

15 by’’; and 

16 (bb) by striking ‘‘vehicle 

17 passenger miles traveled for each 

18 dollar of operating cost in an 

19 area’’ and inserting ‘‘vehicles op20 erating in peak revenue service 

21 per hour in the highest 25 per22 cent of routes by ridership’’; and 

23 (III) in clause (ii)— 

24 (aa) by inserting ‘‘in the 

25 highest 25 percent of routes by 


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1 ridership’’ before ‘‘multiplied 

2 by’’; and 

3 (bb) by striking ‘‘vehicle 

4 passenger miles traveled for each 

5 dollar of operating cost in all 

6 areas’’ and inserting ‘‘vehicles 

7 operating in peak revenue service 

8 per hour in the highest 25 per9 cent of routes by ridership’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(3) SPECIAL RULE.—For fiscal year 2022, the 

12 percentage— 

13 ‘‘(A) in paragraph (2)(A) in the matter 

14 preceding clause (i) shall be treated as 100 per15 cent; and 

16 ‘‘(B) in paragraph (2)(B) in the matter 

17 preceding clause (i) shall be treated as 0 per18 cent.’’; 

19 (2) in subsection (c)— 

20 (A) in paragraph (1) by striking ‘‘90.8 

21 percent’’ and inserting ‘‘90 percent’’ each place 

22 it appears; 

23 (B) in paragraph (2)— 

24 (i) by striking ‘‘9.2 percent’’ and in25 serting ‘‘8 percent’’; 


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1 (ii) by striking ‘‘200,000’’ and insert2 ing ‘‘500,000’’; 

3 (iii) by striking subparagraph (A) and 

4 inserting the following: 

5 ‘‘(A) the number of bus passenger miles 

6 traveled on the highest 25 percent of routes by 

7 ridership multiplied by the number of buses op8 erating in peak revenue service per hour on the 

9 highest 25 percent of routes by ridership; di10 vided by’’; and 

11 (iv) by striking subparagraph (B) and 

12 inserting the following: 

13 ‘‘(B) the total number of bus passenger 

14 miles traveled on the highest 25 percent of 

15 routes by ridership multiplied by the total num16 ber of buses operating in peak revenue service 

17 per hour on the highest 25 percent of routes by 

18 ridership in all areas.’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(3) 2 percent of the total amount apportioned 

21 under this subsection shall be apportioned so that 

22 each urbanized area with a population of at least 

23 200,000 and less than 500,000 is entitled to receive 

24 an amount using the formula in paragraph (1). 

25 ‘‘(4) For fiscal year 2022, the percentage— 


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1 ‘‘(A) in paragraph (1) in the matter pre2 ceding subparagraph (A) shall be treated as 

3 100 percent; 

4 ‘‘(B) in paragraph (2) in the matter pre5 ceding subparagraph (A) shall be treated as 0 

6 percent; and 

7 ‘‘(C) in paragraph (3) shall be treated as 

8 0 percent.’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 

11 section, the term ‘peak revenue service’ means the time 

12 period between the time that an agency exceeds the num13 ber of midday vehicles in revenue service per hour in the 

14 morning peak and the time that an agency falls below the 

15 number of midday vehicles in revenue service per hour in 

16 the evening peak.’’. 

17 SEC. 2203. MOBILITY INNOVATION. 

18 (a) IN GENERAL.—Chapter 53 of title 49, United 

19 States Code, is amended by inserting after section 5315 

20 the following new section: 

21 ‘‘§ 5316. Mobility innovation 

22 ‘‘(a) IN GENERAL.—Amounts made available to a 

23 covered recipient to carry out sections 5307, 5310, and 

24 5311 may be used by such covered recipient under this 

25 section to assist in the financing of— 


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1 ‘‘(1) mobility as a service; and 

2 ‘‘(2) mobility on demand services. 

3 ‘‘(b) FEDERAL SHARE.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graphs (2), (3), and (4), the Federal share of the 

6 net cost of a project carried out under this section 

7 shall not exceed 80 percent. 

8 ‘‘(2) MOBILITY ON DEMAND SERVICE OPER9 ATING COSTS.—The Federal share of the net cost of 

10 a project to provide for net operating costs for mo11 bility on demand services shall not exceed 50 percent 

12 for any funds provided under section 5307. 

13 ‘‘(3) MOBILITY AS A SERVICE COST SHARE.— 

14 Notwithstanding paragraph (1), the Federal share of 

15 the net cost of mobility as a service shall not exceed 

16 90 percent. 

17 ‘‘(4) ZERO EMISSION INCENTIVE.—Notwith18 standing paragraphs (1) and (2), the Federal share 

19 of the net cost of a project described in paragraph 

20 (1) or (2) shall be reduced by 25 percent if such 

21 project involves an eligible use that uses a vehicle 

22 that produces carbon dioxide or particulate matter. 

23 ‘‘(c) ELIGIBLE USES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall publish 

2 guidance describing eligible activities that are rea3 sonably expected to— 

4 ‘‘(A) increase transit ridership; 

5 ‘‘(B) be complementary to fixed route tran6 sit service; and 

7 ‘‘(C) demonstrate substantial improve8 ments in— 

9 ‘‘(i) environmental metrics, including 

10 standards established pursuant to the 

11 Clean Air Act (42 U.S.C. 7401 et seq.) 

12 and greenhouse gas performance targets 

13 established pursuant to section 150(d) of 

14 title 23; 

15 ‘‘(ii) traffic congestion; 

16 ‘‘(iii) compliance with the require17 ments under the Americans with Disabil18 ities Act of 1990 (42 U.S.C. 12101 et 

19 seq.); 

20 ‘‘(iv) low-income service to increase 

21 access to employment, healthcare, and 

22 other essential services; 

23 ‘‘(v) service outside of transit agency 

24 operating hours; 

25 ‘‘(vi) low density service; and 


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1 ‘‘(vii) rural service. 

2 ‘‘(2) PROHIBITION ON USE OF FUNDS.— 

3 Amounts used by a covered recipient for projects eli4 gible under this section may not be used for— 

5 ‘‘(A) single passenger vehicle miles (in a 

6 passenger motor vehicle, as such term is de7 fined in section 32101, that carries less than 9 

8 passengers), unless the trip— 

9 ‘‘(i) meets the definition of public 

10 transportation; and 

11 ‘‘(ii) begins or completes a fixed route 

12 public transportation trip; or 

13 ‘‘(B) deadhead vehicle miles. 

14 ‘‘(d) FEDERAL REQUIREMENTS.—A project carried 

15 out under this section shall be treated as if such project 

16 were carried out under the section from which the funds 

17 were provided to carry out such project, including the ap18 plication of any additional requirements provided for by 

19 law that apply to section 5307, 5310, or 5311, as applica20 ble. 

21 ‘‘(e) WAIVER.— 

22 ‘‘(1) NATIONAL WAIVER.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 paragraph (3), the Secretary may issue a na25 tional waiver for a requirement applied to 


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1 projects carried out under this section pursuant 

2 to subsection (d) if the Secretary determines 

3 that applying such requirement would be incon4 sistent with the public interest. 

5 ‘‘(B) PUBLIC NOTIFICATION AND COM6 MENT.— 

7 ‘‘(i) IN GENERAL.—Not later than 30 

8 days before issuing a waiver described in 

9 subparagraph (A), the Secretary shall pro10 vide notification and an opportunity for 

11 public comment on such waiver. 

12 ‘‘(ii) NOTIFICATION REQUIRE13 MENTS.—The notification required under 

14 clause (i) shall be provided to the public by 

15 electronic means, including on the public 

16 website of the Department of Transpor17 tation. 

18 ‘‘(C) FINAL WAIVER.—Before a national 

19 waiver takes effect, the Secretary shall publish 

20 a detailed justification for such waiver that ad21 dresses all public comments received under sub22 paragraph (B) on the public website for the De23 partment of Transportation and in the Federal 

24 Register. 


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1 ‘‘(2) INDIVIDUAL WAIVER.—Except as provided 

2 in paragraph (3), the Secretary may waive any re3 quirement applied to a project carried out under this 

4 section pursuant to subsection (d) if the Secretary 

5 determines that applying such requirement would be 

6 inconsistent with the public interest. 

7 ‘‘(3) WAIVER UNDER OTHER SECTIONS.—The 

8 Secretary may not waive any requirement under 

9 paragraph (1) or (2) for which a waiver is otherwise 

10 available. 

11 ‘‘(4) PROHIBITION OF WAIVER.—Notwith12 standing paragraphs (1) and (2), the Secretary may 

13 not waive any requirement of— 

14 ‘‘(A) section 5333; 

15 ‘‘(B) section 5331; and 

16 ‘‘(C) section 5302(14). 

17 ‘‘(5) APPLICATION OF SECTION 5320.—Notwith18 standing paragraphs (1), (2), and (3), the Secretary 

19 may only waive the requirements of section 5320 

20 with respect to— 

21 ‘‘(A) a passenger vehicle owned by an indi22 vidual; and 

23 ‘‘(B) subsection (q) of such section for any 

24 passenger vehicle not owned by an individual 

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1 ment of this section and ending 3 years after 

2 such date. 

3 ‘‘(f) OPEN DATA STANDARDS.— 

4 ‘‘(1) IN GENERAL.—Not later than 90 days 

5 after the date of enactment of this section, the Sec6 retary shall initiate procedures under subchapter III 

7 of chapter 5 of title 5 to develop an open data stand8 ard and an application programming interface nec9 essary to carry out this section. 

10 ‘‘(2) REGULATIONS.—The regulations required 

11 under paragraph (1) shall enable public transpor12 tation agencies, mobility on demand providers, mo13 bility as a service technology providers, and local 

14 governments the efficient means to transfer data 

15 to— 

16 ‘‘(A) foster the efficient use of transpor17 tation capacity; 

18 ‘‘(B) enhance the management of new 

19 modes of mobility; 

20 ‘‘(C) enable the use of innovative planning 

21 tools; 

22 ‘‘(D) enable single payment systems for all 

23 mobility on demand services; 

24 ‘‘(E) establish metropolitan planning orga25 nization, State, and local government access to 


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1 anonymized data for transportation planning, 

2 real time operations data, and rules; 

3 ‘‘(F) safeguard personally identifiable in4 formation; 

5 ‘‘(G) protect confidential business informa6 tion; and 

7 ‘‘(H) enhance cybersecurity protections. 

8 ‘‘(3) COMMITTEE.—A negotiated rulemaking 

9 committee established pursuant to section 565 of 

10 title 5 to carry out this subsection shall have a max11 imum of 17 members limited to representatives of 

12 the Department of Transportation, State and local 

13 governments, metropolitan planning organizations, 

14 urban and rural covered recipients, associations that 

15 represent public transit agencies, labor representa16 tives, mobility on demand providers, and mobility as 

17 a service technology providers. 

18 ‘‘(4) PUBLICATION OF PROPOSED REGULA19 TIONS.—Proposed regulations to implement this sec20 tion shall be published in the Federal Register by 

21 the Secretary not later than 18 months after such 

22 date of enactment. 

23 ‘‘(5) EXTENSION OF DEADLINES.—A deadline 

24 set forth in paragraph (3) may be extended up to 

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1 ferred to in paragraph (4) concludes that the com2 mittee cannot meet the deadline and the Secretary 

3 so notifies the Committee on Transportation and In4 frastructure of the House of Representatives and the 

5 Committee on Banking, Housing, and Urban Affairs 

6 of the Senate. 

7 ‘‘(g) APPLICATION OF RECIPIENT REVENUE VEHI8 CLE MILES.—With respect to revenue vehicle miles with 

9 one passenger of a covered recipient using amounts under 

10 this section, such miles— 

11 ‘‘(1) shall be included in the National Transit 

12 Database under section 5335; and 

13 ‘‘(2) shall be excluded from vehicle revenue 

14 miles data used in the calculation described in sec15 tion 5336. 

16 ‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub17 section (g) shall not apply to any eligible activities under 

18 this section if such activities are being carried out in com19 pliance with the Americans with Disabilities Act of 1990 

20 (42 U.S.C. 12101 et seq.). 

21 ‘‘(i) DEFINITIONS.—In this section: 

22 ‘‘(1) DEADHEAD VEHICLE MILES.—The term 

23 ‘deadhead vehicle miles’ means the miles that a vehi24 cle travels when out of revenue service, including 

25 leaving or returning to the garage or yard facility, 


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1 changing routes, when there is no expectation of car2 rying revenue passengers, and any miles traveled by 

3 a private operator without a passenger. 

4 ‘‘(2) MOBILITY AS A SERVICE.—The term ‘mo5 bility as a service’ means services that constitute the 

6 integration of mobility on demand services and pub7 lic transportation that are available and accessible to 

8 all travelers, provide multimodal trip planning, and 

9 a unified payment system. 

10 ‘‘(3) MOBILITY ON DEMAND.—The term ‘mobil11 ity on demand’ means an on-demand transportation 

12 service shared among individuals, either concurrently 

13 or one after another. 

14 ‘‘(4) COVERED RECIPIENT.—The term ‘covered 

15 recipient’ means a State or local government entity, 

16 private nonprofit organization, or Tribe that— 

17 ‘‘(A) operates a public transportation serv18 ice; and 

19 ‘‘(B) is a recipient or subrecipient of funds 

20 under section 5307, 5310, or 5311.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 53 of title 49, United States Code, is amended by in23 serting after the item relating to section 5315 the fol24 lowing new item: 

‘‘5316. Mobility innovation.’’. 


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1 SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 

2 Section 5311 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (2) by adding at the end 

6 the following: 

7 ‘‘(D) CENSUS DESIGNATION.—The Sec8 retary may approve a State program that allo9 cates not more than 5 percent of such State’s 

10 apportionment to assist rural areas that were 

11 redesignated as urban areas not more than 2 

12 fiscal years after the last census designation of 

13 urbanized area boundaries.’’; and 

14 (B) in paragraph (3) by striking ‘‘section 

15 5338(a)(2)(F)’’ and inserting ‘‘section 

16 5338(a)(2)(E)’’; 

17 (2) in subsection (c)— 

18 (A) in paragraph (1)— 

19 (i) in the matter preceding subpara20 graph (A) by striking ‘‘section 

21 5338(a)(2)(F)’’ and inserting ‘‘section 

22 5338(a)(2)(E)’’; 

23 (ii) in subparagraph (A) by striking 

24 ‘‘$5,000,000’’ and inserting 

25 ‘‘$10,000,000’’; and 


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1 (iii) in subparagraph (B) by striking 

2 ‘‘$30,000,000’’ and inserting ‘‘the amount 

3 remaining under section 5338(a)(2)(E)(i) 

4 after the amount under subparagraph (A) 

5 is distributed’’; 

6 (B) in paragraph (2)(C) by striking ‘‘sec7 tion 5338(a)(2)(F)’’ and inserting ‘‘section 

8 5338(a)(2)(E)’’; and 

9 (C) in paragraph (3)— 

10 (i) in subparagraph (A) by striking 

11 ‘‘section 5338(a)(2)(F)’’ and inserting 

12 ‘‘section 5338(a)(2)(E)’’; and 

13 (ii) by striking subparagraphs (B) and 

14 (C) and inserting the following: 

15 ‘‘(B) LAND AREA.— 

16 ‘‘(i) IN GENERAL.—Subject to clause 

17 (ii), each State shall receive an amount 

18 that is equal to 15 percent of the amount 

19 apportioned under this paragraph, multi20 plied by the ratio of the land area in rural 

21 areas in that State and divided by the land 

22 area in all rural areas in the United 

23 States, as shown by the most recent decen24 nial census of population. 


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1 ‘‘(ii) MAXIMUM APPORTIONMENT.— 

2 No State shall receive more than 5 percent 

3 of the amount apportioned under clause 

4 (i). 

5 ‘‘(C) POPULATION.—Each State shall re6 ceive an amount equal to 50 percent of the 

7 amount apportioned under this paragraph, mul8 tiplied by the ratio of the population of rural 

9 areas in that State and divided by the popu10 lation of all rural areas in the United States, as 

11 shown by the most recent decennial census of 

12 population. 

13 ‘‘(D) VEHICLE REVENUE MILES.— 

14 ‘‘(i) IN GENERAL.—Subject to clause 

15 (ii), each State shall receive an amount 

16 that is equal to 25 percent of the amount 

17 apportioned under this paragraph, multi18 plied by the ratio of vehicle revenue miles 

19 in rural areas in that State and divided by 

20 the vehicle revenue miles in all rural areas 

21 in the United States, as determined by na22 tional transit database reporting. 

23 ‘‘(ii) MAXIMUM APPORTIONMENT.— 

24 No State shall receive more than 5 percent 


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1 of the amount apportioned under clause 

2 (i). 

3 ‘‘(E) LOW-INCOME INDIVIDUALS.—Each 

4 State shall receive an amount that is equal to 

5 10 percent of the amount apportioned under 

6 this paragraph, multiplied by the ratio of low7 income individuals in rural areas in that State 

8 and divided by the number of low-income indi9 viduals in all rural areas in the United States, 

10 as shown by the Bureau of the Census.’’; 

11 (3) in subsection (f)— 

12 (A) in paragraph (1) by inserting ‘‘A State 

13 may expend funds to continue service into an14 other State to extend a route.’’ before ‘‘Eligible 

15 activities under’’; and 

16 (B) in paragraph (2) by inserting ‘‘and 

17 makes the certification and supporting docu18 ments publicly available’’ before the period at 

19 the end; and 

20 (4) in subsection (g) by adding at the end the 

21 following: 

22 ‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 

23 ‘‘(A) APPLICABLE REGULATIONS.—For 

24 any funds provided by a department or agency 

25 of the Government under paragraph (3)(D) or 


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1 by a service agreement under paragraph (3)(C), 

2 and such department or agency has regulations 

3 in place that provide for the valuation of volun4 teer hours as allowable in-kind contributions to5 ward the non-Federal share of project costs, 

6 such regulations shall be used to determine the 

7 allowable valuation of volunteer hours as an in8 kind contribution toward the non-Federal re9 mainder of net project costs for a transit 

10 project funded under this section. 

11 ‘‘(B) LIMITATIONS.—Subparagraph (A) 

12 shall not apply to the provision of fixed-route 

13 bus services funded under this section.’’. 

14 SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 

15 Section 5310 of title 49, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 

18 ‘‘(1) IN GENERAL.—Not later than 6 months 

19 after the date of enactment of this subsection, the 

20 Secretary shall establish a one-stop paratransit com21 petitive grant program to encourage an extra stop in 

22 non-fixed route Americans with Disabilities Act of 

23 1990 (42 U.S.C. 12101 et seq.) service for a para24 transit rider to complete essential tasks. 


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1 ‘‘(2) PREFERENCE.—The Secretary shall give 

2 preference to eligible recipients that— 

3 ‘‘(A) have comparable data for the year 

4 prior to implementation of the grant program 

5 and made available to the Secretary, academic 

6 and nonprofit organizations for research pur7 poses; and 

8 ‘‘(B) plan to use agency personnel to im9 plement the pilot program. 

10 ‘‘(3) APPLICATION CRITERIA.—To be eligible to 

11 participate in the grant program, an eligible recipi12 ent shall submit to the Secretary an application con13 taining such information as the Secretary may re14 quire, including information on— 

15 ‘‘(A) locations the eligible entity intends to 

16 allow a stop at, if stops are limited, including— 

17 ‘‘(i) childcare or education facilities; 

18 ‘‘(ii) pharmacies; 

19 ‘‘(iii) grocery stores; and 

20 ‘‘(iv) bank or ATM locations; 

21 ‘‘(B) methodology for informing the public 

22 of the grant program; 

23 ‘‘(C) vehicles, personnel, and other re24 sources that will be used to implement the 

25 grant program; 


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1 ‘‘(D) if the applicant does not intend the 

2 grant program to apply to the full area under 

3 the jurisdiction of the applicant, a description 

4 of the geographic area in which the applicant 

5 intends the grant program to apply; and 

6 ‘‘(E) the anticipated amount of increased 

7 operating costs. 

8 ‘‘(4) SELECTION.—The Secretary shall seek to 

9 achieve diversity of participants in the grant pro10 gram by selecting a range of eligible entities that in11 cludes at least— 

12 ‘‘(A) 5 eligible recipients that serve an 

13 area with a population of 50,000 to 200,000; 

14 ‘‘(B) 10 eligible recipients that serve an 

15 area with a population of over 200,000; and 

16 ‘‘(C) 5 eligible recipients that provide 

17 transportation for rural communities. 

18 ‘‘(5) DATA-SHARING CRITERIA.—An eligible re19 cipient in this subsection shall provide data as the 

20 Secretary requires, including— 

21 ‘‘(A) number of ADA paratransit trips 

22 conducted each year; 

23 ‘‘(B) requested time of each paratransit 

24 trip; 


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1 ‘‘(C) scheduled time of each paratransit 

2 trip; 

3 ‘‘(D) actual pickup time for each para4 transit trip; 

5 ‘‘(E) average length of a stop in the middle 

6 of a ride as allowed by this subsection; 

7 ‘‘(F) any complaints received by a para8 transit rider; 

9 ‘‘(G) rider satisfaction with paratransit 

10 services; and 

11 ‘‘(H) after the completion of the grant, an 

12 assessment by the eligible recipient of its capac13 ity to continue a one-stop program independ14 ently. 

15 ‘‘(6) REPORT.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 make publicly available an annual report on the 

18 program carried out under this subsection for 

19 each fiscal year, not later than December 31 of 

20 the calendar year in which such fiscal year 

21 ends. 

22 ‘‘(B) CONTENTS.—The report required 

23 under subparagraph (A) shall include a detailed 

24 description of the activities carried out under 

25 the program, and an evaluation of the program, 


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1 including an evaluation of the data shared by 

2 eligible recipients under paragraph (5).’’. 

3 Subtitle C—Buy America and 

4 Other Procurement Reforms 

5 SEC. 2301. BUY AMERICA. 

6 (a) BUY AMERICA.— 

7 (1) IN GENERAL.—Chapter 53 of title 49, 

8 United States Code, is amended by inserting before 

9 section 5321 the following: 

10 ‘‘§ 5320. Buy America 

11 ‘‘(a) IN GENERAL.—The Secretary may obligate an 

12 amount that may be appropriated to carry out this chapter 

13 for a project only if the steel, iron, and manufactured 

14 goods used in the project are produced in the United 

15 States. 

16 ‘‘(b) WAIVER.—The Secretary may waive subsection 

17 (a) if the Secretary finds that— 

18 ‘‘(1) applying subsection (a) would be incon19 sistent with the public interest; 

20 ‘‘(2) the steel, iron, and goods produced in the 

21 United States are not produced in a sufficient and 

22 reasonably available amount or are not of a satisfac23 tory quality; 

24 ‘‘(3) when procuring rolling stock (including 

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1 ment, and rolling stock prototypes) under this chap2 ter— 

3 ‘‘(A) the cost of components and sub4 components produced in the United States is 

5 more than 70 percent of the cost of all compo6 nents of the rolling stock; and 

7 ‘‘(B) final assembly of the rolling stock has 

8 occurred in the United States; or 

9 ‘‘(4) including domestic material will increase 

10 the cost of the overall project by more than 25 per11 cent. 

12 ‘‘(c) WRITTEN WAIVER DETERMINATION AND AN13 NUAL REPORT.— 

14 ‘‘(1) WAIVER PROCEDURE.—Not later than 120 

15 days after the submission of a request for a waiver, 

16 the Secretary shall make a determination under sub17 section (b)(1), (b)(2), or (b)(4) as to whether to 

18 waive subsection (a). 

19 ‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 

20 ‘‘(A) IN GENERAL.—Not later than 30 

21 days before making a determination regarding a 

22 waiver described in paragraph (1), the Sec23 retary shall provide notification and an oppor24 tunity for public comment on the request for 

25 such waiver. 


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1 ‘‘(B) NOTIFICATION REQUIREMENTS.—The 

2 notification required under subparagraph (A) 

3 shall— 

4 ‘‘(i) describe whether the application 

5 is being made for a waiver described in 

6 subsection (b)(1), (b)(2) or (b)(4); and 

7 ‘‘(ii) be provided to the public by elec8 tronic means, including on the public 

9 website of the Department of Transpor10 tation. 

11 ‘‘(3) DETERMINATION.—Before a determination 

12 described in paragraph (1) takes effect, the Sec13 retary shall publish a detailed justification for such 

14 determination that addresses all public comments re15 ceived under paragraph (2)— 

16 ‘‘(A) on the public website of the Depart17 ment of Transportation; and 

18 ‘‘(B) if the Secretary issues a waiver with 

19 respect to such determination, in the Federal 

20 Register. 

21 ‘‘(4) ANNUAL REPORT.—Annually, the Sec22 retary shall submit to the Committee on Banking, 

23 Housing, and Urban Affairs of the Senate and the 

24 Committee on Transportation and Infrastructure of 

25 the House of Representatives a report listing any 


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1 waiver issued under paragraph (1) during the pre2 ceding year. 

3 ‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 

4 ‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 

5 this section, labor costs involved in final assembly 

6 shall be included as a separate component in the 

7 cost of components and subcomponents under sub8 section (b)(3)(A). 

9 ‘‘(2) HIGH DOMESTIC CONTENT COMPONENT

10 BONUS.—In this section, in calculating the domestic 

11 content of the rolling stock under subsection (b)(3), 

12 the percent, rounded to the nearest whole number, 

13 of the domestic content in components of such roll14 ing stock, weighted by cost, shall be used in calcu15 lating the domestic content of the rolling stock, ex16 cept— 

17 ‘‘(A) with respect to components that ex18 ceed— 

19 ‘‘(i) 70 percent domestic content, the 

20 Secretary shall add 10 additional percent 

21 to the component’s domestic content when 

22 calculating the domestic content of the 

23 rolling stock; and 

24 ‘‘(ii) 75 percent domestic content, the 

25 Secretary shall add 15 additional percent 


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1 to the component’s domestic content when 

2 calculating the domestic content of the 

3 rolling stock; and 

4 ‘‘(B) in no case may a component exceed 

5 100 domestic content when calculating the do6 mestic content of the rolling stock. 

7 ‘‘(3) ROLLING STOCK FRAMES OR CAR

8 SHELLS.—In calculating the cost of the domestic 

9 content of the rolling stock under subsection (b)(3), 

10 in the case of a rolling stock procurement receiving 

11 assistance under this chapter in which the average 

12 cost of a rolling stock vehicle in the procurement is 

13 more than $300,000, if rolling stock frames or car 

14 shells are not produced in the United States, the 

15 Secretary shall include in the calculation of the do16 mestic content of the rolling stock the cost of the 

17 steel or iron that is produced in the United States 

18 and used in the rolling stock frames or car shells. 

19 ‘‘(4) TREATMENT OF WAIVED COMPONENTS

20 AND SUBCOMPONENTS.—In this section, a compo21 nent or subcomponent waived under subsection (b) 

22 shall be excluded from any part of the calculation re23 quired under subsection (b)(3)(A). 

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1 vide an additional 2.5 percent of domestic content to 

2 the total rolling stock domestic content percentage 

3 calculated under this section for any zero-emission 

4 vehicle that uses only battery cells for propulsion 

5 that are manufactured domestically. 

6 ‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND

7 DISCLOSURE.— 

8 ‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 

9 the Secretary denies an application for a waiver 

10 under subsection (b), the Secretary shall provide to 

11 the applicant a written certification that— 

12 ‘‘(A) the steel, iron, or manufactured 

13 goods, as applicable, (referred to in this para14 graph as the ‘item’) is produced in the United 

15 States in a sufficient and reasonably available 

16 amount; 

17 ‘‘(B) the item produced in the United 

18 States is of a satisfactory quality; and 

19 ‘‘(C) includes a list of known manufactur20 ers in the United States from which the item 

21 can be obtained. 

22 ‘‘(2) DISCLOSURE.—The Secretary shall dis23 close the waiver denial and the written certification 

24 to the public in an easily identifiable location on the 

25 website of the Department of Transportation. 


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1 ‘‘(f) WAIVER PROHIBITED.—The Secretary may not 

2 make a waiver under subsection (b) for goods produced 

3 in a foreign country if the Secretary, in consultation with 

4 the United States Trade Representative, decides that the 

5 government of that foreign country— 

6 ‘‘(1) has an agreement with the United States 

7 Government under which the Secretary has waived 

8 the requirement of this section; and 

9 ‘‘(2) has violated the agreement by discrimi10 nating against goods to which this section applies 

11 that are produced in the United States and to which 

12 the agreement applies. 

13 ‘‘(g) PENALTY FOR MISLABELING AND MISREPRE14 SENTATION.—A person is ineligible under subpart 9.4 of 

15 the Federal Acquisition Regulation, or any successor 

16 thereto, to receive a contract or subcontract made with 

17 amounts authorized under title II of the INVEST in 

18 America Act if a court or department, agency, or instru19 mentality of the Government decides the person inten20 tionally— 

21 ‘‘(1) affixed a ‘Made in America’ label, or a 

22 label with an inscription having the same meaning, 

23 to goods sold in or shipped to the United States that 

24 are used in a project to which this section applies 

25 but not produced in the United States; or 


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1 ‘‘(2) represented that goods described in para2 graph (1) were produced in the United States. 

3 ‘‘(h) STATE REQUIREMENTS.—The Secretary may 

4 not impose any limitation on assistance provided under 

5 this chapter that restricts a State from imposing more 

6 stringent requirements than this subsection on the use of 

7 articles, materials, and supplies mined, produced, or man8 ufactured in foreign countries in projects carried out with 

9 that assistance or restricts a recipient of that assistance 

10 from complying with those State-imposed requirements. 

11 ‘‘(i) OPPORTUNITY TO CORRECT INADVERTENT

12 ERROR.—The Secretary may allow a manufacturer or 

13 supplier of steel, iron, or manufactured goods to correct 

14 after bid opening any certification of noncompliance or 

15 failure to properly complete the certification (but not in16 cluding failure to sign the certification) under this sub17 section if such manufacturer or supplier attests under pen18 alty of perjury that such manufacturer or supplier sub19 mitted an incorrect certification as a result of an inad20 vertent or clerical error. The burden of establishing inad21 vertent or clerical error is on the manufacturer or supplier. 

22 ‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 

23 affected by an agency action under this subsection shall 

24 have the right to seek review under section 702 of title 

25 5. 


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1 ‘‘(k) STEEL AND IRON.—For purposes of this section, 

2 steel and iron meeting the requirements of section 

3 661.5(b) of title 49, Code of Federal Regulations, may be 

4 considered produced in the United States. 

5 ‘‘(l) DEFINITION OF SMALL PURCHASE.—For pur6 poses of determining whether a purchase qualifies for a 

7 general public interest waiver under subsection (b)(1), in8 cluding under any regulation promulgated under such sub9 section, the term ‘small purchase’ means a purchase of 

10 not more than $150,000. 

11 ‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF

12 ROLLING STOCK PURCHASES.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall pre14 scribe regulations requiring a preaward and 

15 postdelivery certification of a rolling stock vehicle 

16 that meets the requirements of this section and Gov17 ernment motor vehicle safety requirements to be eli18 gible for a grant under this chapter. For compliance 

19 with this section— 

20 ‘‘(A) Federal inspections and review are 

21 required; 

22 ‘‘(B) a manufacturer certification is not 

23 sufficient; and 

24 ‘‘(C) a rolling stock vehicle that has been 

25 certified by the Secretary remains certified until 


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1 the manufacturer makes a material change to 

2 the vehicle, or adjusts the price of the vehicle, 

3 that reduces, by more than half, the percentage 

4 of domestic content above 70 percent. 

5 ‘‘(2) CERTIFICATION OF PERCENTAGE.—The 

6 Secretary may, at the request of a component or 

7 subcomponent manufacturer, certify the percentage 

8 of domestic content and final assembly for a compo9 nent or subcomponent. 

10 ‘‘(3) FREEDOM OF INFORMATION ACT.—In car11 rying out this subsection, the Secretary shall consist12 ently apply the provisions of section 552 of title 5, 

13 including subsection (b)(4) of such section. 

14 ‘‘(4) NONCOMPLIANCE.—The Secretary shall 

15 prohibit recipients from procuring rolling stock, com16 ponents, or subcomponents from a supplier that in17 tentionally provides false information to comply with 

18 this subsection. 

19 ‘‘(n) SCOPE.—The requirements of this section apply 

20 to all contracts for a public transportation project carried 

21 out within the scope of the applicable finding, determina22 tion, or decision under the National Environmental Policy 

23 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

24 funding source of such contracts, if at least one contract 


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1 for the public transportation project is funded with 

2 amounts made available to carry out this chapter. 

3 ‘‘(o) BUY AMERICA CONFORMITY.—The Secretary 

4 shall ensure that all Federal funds for commuter rail 

5 projects shall comply with this section and shall not be 

6 subject to section 22905(a). 

7 ‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, 

8 AND ABUSE.— 

9 ‘‘(1) IN GENERAL.—The Inspector General of 

10 the Department of Transportation shall conduct an 

11 annual audit on certifications under subsection (m). 

12 ‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.— 

13 The Secretary shall display a ‘Report Fraud, Waste, 

14 and Abuse’ button and link to Department of Trans15 portation’s Office of Inspector General Hotline on 

16 the Federal Transit Administration’s Buy America 

17 landing page. 

18 ‘‘(3) CONTRACT REQUIREMENT.—The Secretary 

19 shall require all recipients who enter into contracts 

20 to purchase rolling stock with funds provided under 

21 this chapter to include in such contract information 

22 on how to contact the Department of Transpor23 tation’s Office of Inspector General Hotline to report 

24 suspicions of fraud, waste, and abuse. 

25 ‘‘(q) PASSENGER MOTOR VEHICLES.— 


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1 ‘‘(1) IN GENERAL.—Any domestically manufac2 tured passenger motor vehicle shall be considered to 

3 be produced in the United States under this section. 

4 ‘‘(2) DOMESTICALLY MANUFACTURED PAS5 SENGER MOTOR VEHICLE.—In this subsection, the 

6 term ‘domestically manufactured passenger motor 

7 vehicle’ means any passenger motor vehicle, as such 

8 term is defined in section 32304(a) that— 

9 ‘‘(A) has under section 32304(b)(1)(B) its 

10 final assembly place in the United States; and 

11 ‘‘(B) the percentage (by value) of pas12 senger motor equipment under section 

13 32304(b)(1)(A) equals or exceeds 60 percent 

14 value added.’’. 

15 (2) CLERICAL AMENDMENT.—The analysis for 

16 chapter 53 of title 49, United States Code, is 

17 amended by inserting before the item relating to sec18 tion 5321 the following: 

‘‘5320. Buy America.’’. 

19 (3) CONFORMING AMENDMENTS.— 

20 (A) TECHNICAL ASSISTANCE AND WORK21 FORCE DEVELOPMENT.—Section 5314(a)(2)(G) 

22 of title 49, United States Code, is amended by 

23 striking ‘‘sections 5323(j) and 5323(m)’’ and 

24 inserting ‘‘section 5320’’. 


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1 (B) URBANIZED AREA FORMULA

2 GRANTS.—Section 5307(c)(1)(E) of title 49, 

3 United States Code, is amended by inserting ‘‘, 

4 5320,’’ after ‘‘5323’’. 

5 (C) INNOVATIVE PROCUREMENT.—Section 

6 3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 

7 5325 note) is amended by striking ‘‘5232(j)’’ 

8 and inserting ‘‘5320’’. 

9 (b) BUS ROLLING STOCK.—Not later than 18 

10 months after the date of enactment of this Act, the Sec11 retary of Transportation shall issue such regulations as 

12 are necessary to revise Appendix B and Appendix D of 

13 section 661.11 of title 49, Code of Federal Regulations, 

14 with respect to bus rolling stock to maximize job creation 

15 and align such section with modern manufacturing tech16 niques. 

17 (c) RAIL ROLLING STOCK.—Not later than 30 

18 months after the date of enactment of this Act, the Sec19 retary shall issue such regulations as are necessary to re20 vise subsections (t), (u), and (v) of section 661.11 of title 

21 49, Code of Federal Regulations, with respect to rail roll22 ing stock to maximize job creation and align such section 

23 with modern manufacturing techniques. 

24 (d) RULE OF APPLICABILITY.— 


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1 (1) IN GENERAL.—Except as otherwise pro2 vided in this subsection, the amendments made by 

3 this section shall apply to any contract entered into 

4 on or after the date of enactment of this Act. 

5 (2) DELAYED APPLICABILITY OF CERTAIN PRO6 VISIONS.—Contracts described in paragraph (1) 

7 shall be subject to the following delayed applicability 

8 requirements: 

9 (A) Section 5320(m)(2) shall apply to con10 tracts entered into on or after the date that is 

11 30 days after the date of enactment of this Act. 

12 (B) Notwithstanding subparagraph (A), 

13 section 5320(m) shall apply to contracts for the 

14 procurement of bus rolling stock beginning on 

15 the earlier of— 

16 (i) 180 days after the date on which 

17 final regulations are issued pursuant to 

18 subsection (b); or 

19 (ii) the date that is 1 year after the 

20 date of enactment of this Act. 

21 (C) Notwithstanding subparagraph (A), 

22 section 5320(m) shall apply to contracts for the 

23 procurement of rail rolling stock beginning on 

24 the earlier of— 


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1 (i) 180 days after the date on which 

2 final regulations are issued pursuant to 

3 subsection (c); or 

4 (ii) the date that is 2 years after the 

5 date of enactment of this Act. 

6 (D) Section 5320(p)(1) shall apply on the 

7 date that is 1 year after the latest of the appli8 cation dates described in subparagraphs (A) 

9 through (C). 

10 (3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 

11 For any contract described in paragraph (1) for 

12 which the delivery for the first production vehicle oc13 curs before October 1, 2024, paragraphs (1) and (4) 

14 of section 5320(d) shall not apply. 

15 (4) SPECIAL RULE FOR BATTERY CELL INCEN16 TIVES.—For any contract described in paragraph 

17 (1) for which the delivery for the first production ve18 hicle occurs before October 1, 2022, section 

19 5320(d)(5) shall not apply. 

20 (e) SPECIAL RULE FOR DOMESTIC CONTENT.—For 

21 the calculation of the percent of domestic content cal22 culated under section 5320(d)(2) for a contract for rolling 

23 stock entered into on or after October 1, 2020— 

24 (1) if the delivery of the first production vehicle 

25 occurs in fiscal year 2022 or fiscal year 2023, for 


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1 components that exceed 70 percent domestic con2 tent, the Secretary shall add 20 additional percent 

3 to the component’s domestic content; and 

4 (2) if the delivery of the first production vehicle 

5 occurs in fiscal year 2024 or fiscal year 2025— 

6 (A) for components that exceed 70 percent 

7 but do not exceed 75 percent domestic content, 

8 the Secretary shall add 15 additional percent to 

9 the component’s domestic content; or 

10 (B) for components that exceed 75 percent 

11 domestic content, the Secretary shall add 20 

12 additional percent to the component’s domestic 

13 content. 

14 SEC. 2302. BUS PROCUREMENT STREAMLINING. 

15 Section 5323 of title 49, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(v) BUS PROCUREMENT STREAMLINING.— 

18 ‘‘(1) IN GENERAL.—The Secretary may only ob19 ligate amounts for acquisition of buses under this 

20 chapter to a recipient that issues a request for pro21 posals for an open market procurement that meets 

22 the following criteria: 

23 ‘‘(A) Such request for proposals is limited 

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1 tiated rulemaking carried out pursuant to this 

2 subsection. 

3 ‘‘(B) Such request for proposals does not 

4 seek any alternative design or manufacture 

5 specification of a bus offered by a manufac6 turer, except to require a component or sub7 component identified in the negotiated rule8 making carried out pursuant to this subsection. 

9 ‘‘(2) SPECIFIC BUS COMPONENT NEGOTIATED

10 RULEMAKING.— 

11 ‘‘(A) INITIATION.—Not later than 120 

12 days after the date of enactment of the IN13 VEST in America Act, the Secretary shall ini14 tiate procedures under subchapter III of chap15 ter 5 of title 5 to negotiate and issue such regu16 lations as are necessary to establish as limited 

17 a list as is practicable of bus components and 

18 subcomponents described in subparagraph (B). 

19 ‘‘(B) LIST OF COMPONENTS.—The regula20 tions required under subparagraph (A) shall es21 tablish a list of bus components and subcompo22 nents that may be specified in a request for 

23 proposals described in paragraph (1) by a re24 cipient. The Secretary shall ensure the list is 

25 limited in scope and limited to only components 


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1 and subcomponents that cannot be selected with 

2 performance specifications to ensure interoper3 ability. 

4 ‘‘(C) PUBLICATION OF PROPOSED REGULA5 TIONS.—Proposed regulations to implement this 

6 section shall be published in the Federal Reg7 ister by the Secretary not later than 18 months 

8 after such date of enactment. 

9 ‘‘(D) COMMITTEE.—A negotiated rule10 making committee established pursuant to sec11 tion 565 of title 5 to carry out this paragraph 

12 shall have a maximum of 11 members limited 

13 to representatives of the Department of Trans14 portation, urban and rural recipients (including 

15 State government recipients), and transit vehi16 cle manufacturers. 

17 ‘‘(E) EXTENSION OF DEADLINES.—A 

18 deadline set forth in subparagraph (C) may be 

19 extended up to 180 days if the negotiated rule20 making committee referred to in subparagraph 

21 (D) concludes that the committee cannot meet 

22 the deadline and the Secretary so notifies the 

23 Committee on Transportation and Infrastruc24 ture of the House of Representatives and the 


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1 Committee on Banking, Housing, and Urban 

2 Affairs of the Senate. 

3 ‘‘(3) SAVINGS CLAUSE.—Nothing in this section 

4 shall be construed to provide additional authority for 

5 the Secretary to restrict what a bus manufacturer 

6 offers to sell to a public transportation agency.’’. 

7 SEC. 2303. BUS TESTING FACILITY. 

8 Section 5318 of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(f) TESTING SCHEDULE.—The Secretary shall— 

11 ‘‘(1) determine eligibility of a bus manufactur12 er’s request for testing within 10 business days; and 

13 ‘‘(2) make publicly available the current backlog 

14 (in months) to begin testing a new bus at the bus 

15 testing facility.’’. 

16 Subtitle D—Bus Grant Reforms 

17 SEC. 2401. FORMULA GRANTS FOR BUSES. 

18 Section 5339(a) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (1)— 

21 (A) by inserting ‘‘and subsection (d)’’ after 

22 ‘‘In this subsection’’; 

23 (B) in subparagraph (A) by striking ‘‘term 

24 ‘low or no emission vehicle’ has’’ and inserting 

25 ‘‘term ‘zero emission vehicle’ has’’; 


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1 (C) in subparagraph (B) by inserting ‘‘and 

2 the District of Columbia’’ after ‘‘United 

3 States’’; and 

4 (D) in subparagraph (C) by striking ‘‘the 

5 District of Columbia,’’; 

6 (2) in paragraph (2)(A) by striking ‘‘low or no 

7 emission vehicles’’ and inserting ‘‘zero emission vehi8 cles’’; 

9 (3) in paragraph (4)— 

10 (A) in subparagraph (A) by inserting ‘‘and 

11 subsection (d)’’ after ‘‘this subsection’’; and 

12 (B) in subparagraph (B) by inserting ‘‘and 

13 subsection (d)’’ after ‘‘this subsection’’; 

14 (4) in paragraph (5)(A)— 

15 (A) by striking ‘‘$90,500,000’’ and insert16 ing ‘‘$156,750,000’’; 

17 (B) by striking ‘‘2016 through 2020’’ and 

18 inserting ‘‘2022 through 2025’’; 

19 (C) by striking ‘‘$1,750,000’’ and inserting 

20 ‘‘$3,000,000’’; and 

21 (D) by striking ‘‘$500,000’’ and inserting 

22 ‘‘$750,000’’; 

23 (5) in paragraph (8) by striking ‘‘3 fiscal 

24 years’’ and inserting ‘‘4 fiscal years’’ each place such 

25 term appears; and 


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1 (6) by striking paragraph (9). 

2 SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM3 PETITIVE GRANTS. 

4 Section 5339(b) of title 49, United States Code, is 

5 amended— 

6 (1) in the heading by striking ‘‘BUSES AND

7 BUS FACILITIES COMPETITIVE GRANTS’’ and insert8 ing ‘‘BUS FACILITIES AND FLEET EXPANSION COM9 PETITIVE GRANTS’’; 

10 (2) in paragraph (1)— 

11 (A) by striking ‘‘buses and’’; 

12 (B) by inserting ‘‘and certain buses’’ after 

13 ‘‘capital projects’’; 

14 (C) in subparagraph (A) by striking 

15 ‘‘buses or related equipment’’ and inserting 

16 ‘‘bus-related facilities’’; and 

17 (D) by striking subparagraph (B) and in18 serting the following: 

19 ‘‘(B) purchasing or leasing buses that will 

20 not replace buses in the applicant’s fleet at the 

21 time of application and will be used to— 

22 ‘‘(i) increase the frequency of bus 

23 service; or 

24 ‘‘(ii) increase the service area of the 

25 applicant.’’; and 


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1 (3) by striking paragraph (2) and inserting the 

2 following: 

3 ‘‘(2) GRANT CONSIDERATIONS.—In making 

4 grants— 

5 ‘‘(A) under subparagraph (1)(A), the Sec6 retary shall only consider— 

7 ‘‘(i) the age and condition of bus-re8 lated facilities of the applicant compared to 

9 all applicants and proposed improvements 

10 to the resilience (as such term is defined in 

11 section 5302) of such facilities; 

12 ‘‘(ii) for a facility within or partially 

13 within the 100-year floodplain, whether 

14 such facility will be at least 2 feet above 

15 the base flood elevation; and 

16 ‘‘(iii) for a bus station, the degree of 

17 multi-modal connections at such station; 

18 and 

19 ‘‘(B) under paragraph (1)(B), the Sec20 retary shall consider the improvements to head21 way and projected new ridership.’’. 

22 SEC. 2403. ZERO EMISSION BUS GRANTS. 

23 (a) IN GENERAL.—Section 5339(c) of title 49, 

24 United States Code, is amended— 


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1 (1) in the heading by striking ‘‘LOW OR NO

2 EMISSION GRANTS’’ and inserting ‘‘ZERO EMISSION

3 GRANTS’’; 

4 (2) in paragraph (1)— 

5 (A) in subparagraph (B)— 

6 (i) in clause (i) by striking ‘‘low or no 

7 emission’’ and inserting ‘‘zero emission’’; 

8 (ii) in clause (ii) by striking ‘‘low or 

9 no emission’’ and inserting ‘‘zero emis10 sion’’; 

11 (iii) in clause (iii) by striking ‘‘low or 

12 no emission’’ and inserting ‘‘zero emis13 sion’’; 

14 (iv) in clause (iv) by striking ‘‘facili15 ties and related equipment for low or no 

16 emission’’ and inserting ‘‘related equip17 ment for zero emission’’; 

18 (v) in clause (v) by striking ‘‘facilities 

19 and related equipment for low or no emis20 sion vehicles;’’ and inserting ‘‘related 

21 equipment for zero emission vehicles; or’’; 

22 (vi) in clause (vii) by striking ‘‘low or 

23 no emission’’ and inserting ‘‘zero emis24 sion’’; 

25 (vii) by striking clause (vi); and 


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1 (viii) by redesignating clause (vii) as 

2 clause (vi); 

3 (B) by striking subparagraph (D) and in4 serting the following: 

5 ‘‘(D) the term ‘zero emission bus’ means a 

6 bus that is a zero emission vehicle;’’; 

7 (C) by striking subparagraph (E) and in8 serting the following: 

9 ‘‘(E) the term ‘zero emission vehicle’ 

10 means a vehicle used to provide public transpor11 tation that produces no carbon dioxide or par12 ticulate matter;’’; and 

13 (D) by striking subparagraph (G) and in14 serting the following: 

15 ‘‘(G) the term ‘eligible area’ means an area 

16 that is— 

17 ‘‘(i) designated as a nonattainment 

18 area for ozone or particulate matter under 

19 section 107(d) of the Clean Air Act (42 

20 U.S.C. 7407(d)); or 

21 ‘‘(ii) a maintenance area, as such 

22 term is defined in section 5303, for ozone 

23 or particulate matter.’’; and 

24 (3) by striking paragraph (5) and inserting the 

25 following: 


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1 ‘‘(5) GRANT ELIGIBILITY.—In awarding grants 

2 under this subsection, the Secretary shall make 

3 grants to eligible projects relating to the acquisition 

4 or leasing of zero emission buses or bus facility im5 provements— 

6 ‘‘(A) that procure— 

7 ‘‘(i) at least 10 zero emission buses; 

8 or 

9 ‘‘(ii) if the recipient operates less than 

10 50 buses in peak service, at least 5 zero 

11 emission buses; 

12 ‘‘(B) for which the recipient’s board of di13 rectors has approved a long-term integrated 

14 fleet management plan that— 

15 ‘‘(i) establishes a goal by a set date to 

16 convert the entire bus fleet to zero emis17 sion buses; or 

18 ‘‘(ii) establishes a goal that within 10 

19 years from the date of approval of such 

20 plan the recipient will convert a set per21 centage of the total bus fleet of such re22 cipient to zero emission buses; and 

23 ‘‘(C) for which the recipient has performed 

24 a fleet transition study that includes optimal 

25 route planning and an analysis of how utility 


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1 rates may impact the recipient’s operations and 

2 maintenance budget.’’. 

3 (b) METROPOLITAN TRANSPORTATION PLANNING.— 

4 Section 5303(b) of title 49, United States Code, is amend5 ed by adding at the end the following: 

6 ‘‘(8) MAINTENANCE AREA.—The term ‘mainte7 nance area’ has the meaning given the term in sec8 tions 171(2) and 175A of the Clean Air Act (42 

9 U.S.C. 7501(2); 7505a).’’. 

10 SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR11 MULA SUBGRANT. 

12 Section 5339 of title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(d) RESTORATION TO STATE OF GOOD REPAIR

15 FORMULA SUBGRANT.— 

16 ‘‘(1) GENERAL AUTHORITY.—The Secretary 

17 may make grants under this subsection to assist eli18 gible recipients and subrecipients described in para19 graph (2) in financing capital projects to replace, re20 habilitate, and purchase buses and related equip21 ment. 

22 ‘‘(2) ELIGIBLE RECIPIENTS AND SUBRECIPI23 ENTS.—Not later than September 1 annually, the 

24 Secretary shall make public a list of eligible recipi25 ents and subrecipients based on the most recent 


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1 data available in the National Transit Database to 

2 calculate the 20 percent of eligible recipients and 

3 subrecipients with the highest percentage of asset 

4 vehicle miles for buses beyond the useful life bench5 mark established by the Federal Transit Administra6 tion. 

7 ‘‘(3) URBAN APPORTIONMENTS.—Funds allo8 cated under section 5338(a)(2)(L)(ii) shall be— 

9 ‘‘(A) distributed to— 

10 ‘‘(i) designated recipients in an urban11 ized area with a population of more than 

12 200,000 made eligible by paragraph (1); 

13 and 

14 ‘‘(ii) States based on subrecipients 

15 made eligible by paragraph (1) in an ur16 banized area under 200,000; and 

17 ‘‘(B) allocated pursuant to the formula set 

18 forth in section 5336 other than subsection (b). 

19 ‘‘(4) RURAL ALLOCATION.—The Secretary 

20 shall— 

21 ‘‘(A) calculate the percentage of funds 

22 under section 5338(a)(2)(L)(ii) to allocate to 

23 rural subrecipients by dividing— 

24 ‘‘(i) the asset vehicle miles for buses 

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1 lished by the Federal Transit Administra2 tion) of the rural subrecipients described in 

3 paragraph (2); by 

4 ‘‘(ii) the total asset vehicle miles for 

5 buses beyond such benchmark of all eligi6 ble recipients and subrecipients described 

7 in paragraph (2); and 

8 ‘‘(B) prior to the allocation described in 

9 paragraph (3)(B), apportion to each State the 

10 amount of the total rural allocation calculated 

11 under subparagraph (A) attributable to such 

12 State based the proportion that— 

13 ‘‘(i) the asset vehicle miles for buses 

14 beyond the useful life benchmark (estab15 lished by the Federal Transit Administra16 tion) for rural subrecipients described in 

17 paragraph (2) in such State; bears to 

18 ‘‘(ii) the total asset vehicle miles de19 scribed in subparagraph (A)(i). 

20 ‘‘(5) APPLICATION OF OTHER PROVISIONS.— 

21 Paragraphs (3), (7), and (8) of subsection (a) shall 

22 apply to eligible recipients and subrecipients de23 scribed in paragraph (2) of a grant under this sub24 section. 


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1 ‘‘(6) PROHIBITION.—No eligible recipient or 

2 subrecipient outside the top 5 percent of asset vehi3 cle miles for buses beyond the useful life benchmark 

4 established by the Federal Transit Administration 

5 may receive a grant in both fiscal year 2022 and fis6 cal year 2023. 

7 ‘‘(7) REQUIREMENT.—The Secretary shall re8 quire— 

9 ‘‘(A) States to expend, to the benefit of the 

10 subrecipients eligible under paragraph (2), the 

11 apportioned funds attributed to such subrecipi12 ents; and 

13 ‘‘(B) designated recipients to provide the 

14 allocated funds to the recipients eligible under 

15 paragraph (2) the apportioned funds attributed 

16 to such recipients.’’. 

17 Subtitle E—Supporting All Riders 

18 SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 

19 Section 5336(j) of title 49, United States Code, is 

20 amended 

21 (1) in paragraph (1) by striking ‘‘75 percent’’ 

22 and inserting ‘‘50 percent’’; 

23 (2) in paragraph (2) by striking ‘‘25 percent’’ 

24 and inserting ‘‘12.5 percent’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(3) 30 percent of the funds shall be appor2 tioned among designated recipients for urbanized 

3 areas with a population of 200,000 or more in the 

4 ratio that— 

5 ‘‘(A) the number of individuals in each 

6 such urbanized area residing in an urban cen7 sus tract with a poverty rate of at least 20 per8 cent during the 5 years most recently ending; 

9 bears to 

10 ‘‘(B) the number of individuals in all such 

11 urbanized areas residing in an urban census 

12 tract with a poverty rate of at least 20 percent 

13 during the 5 years most recently ending; and 

14 ‘‘(4) 7.5 percent of the funds shall be appor15 tioned among designated recipients for urbanized 

16 areas with a population less than 200,000 in the 

17 ratio that— 

18 ‘‘(A) the number of individuals in each 

19 such urbanized area residing in an urban cen20 sus tract with a poverty rate of at least 20 per21 cent during the 5 years most recently ending; 

22 bears to 

23 ‘‘(B) the number of individuals in all such 

24 areas residing in an urban census tract with a 


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1 poverty rate of at least 20 percent during the 

2 5 years most recently ending.’’. 

3 SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 

4 Section 5311 of title 49, United States Code, as 

5 amended in section 2204, is further amended— 

6 (1) in subsection (a) by adding at the end the 

7 following: 

8 ‘‘(3) PERSISTENT POVERTY COUNTY.—The 

9 term ‘persistent poverty county’ means any county 

10 with a poverty rate of at least 20 percent— 

11 ‘‘(A) as determined in each of the 1990 

12 and 2000 decennial censuses; 

13 ‘‘(B) in the Small Area Income and Pov14 erty Estimates of the Bureau of the Census for 

15 the most recent year for which the estimates 

16 are available; and 

17 ‘‘(C) has at least 25 percent of its popu18 lation in rural areas.’’; 

19 (2) in subsection (b)(2)(C)(i) by inserting ‘‘and 

20 persistent poverty counties’’ before the semicolon; 

21 and 

22 (3) in subsection (c) by striking paragraph (2) 

23 and inserting the following: 

24 ‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR25 TATION ASSISTANCE PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 carry out a public transportation assistance 

3 program for areas of persistent poverty. 

4 ‘‘(B) APPORTIONMENT.—Of amounts 

5 made available or appropriated for each fiscal 

6 year under section 5338(a)(2)(E)(ii) to carry 

7 out this paragraph, the Secretary shall appor8 tion funds to recipients for service in, or di9 rectly benefitting, persistent poverty counties 

10 for any eligible purpose under this section in 

11 the ratio that— 

12 ‘‘(i) the number of individuals in each 

13 such rural area residing in a persistent 

14 poverty county; bears to 

15 ‘‘(ii) the number of individuals in all 

16 such rural areas residing in a persistent 

17 poverty county.’’. 

18 SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE19 DUCED FARE TRANSIT. 

20 Section 5312 of title 49, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(j) DEMONSTRATION GRANTS TO SUPPORT RE23 DUCED FARE TRANSIT.— 

24 ‘‘(1) IN GENERAL.—Not later than 300 days 

25 after the date of enactment of the INVEST in 


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1 America Act, the Secretary shall award grants 

2 (which shall be known as ‘Access to Jobs Grants’) 

3 to eligible entities, on a competitive basis, to imple4 ment reduced fare transit service. 

5 ‘‘(2) NOTICE.—Not later than 180 days after 

6 the date of enactment of the INVEST in America 

7 Act, the Secretary shall provide notice to eligible en8 tities of the availability of grants under paragraph 

9 (1). 

10 ‘‘(3) APPLICATION.—To be eligible to receive a 

11 grant under this subsection, an eligible recipient 

12 shall submit to the Secretary an application con13 taining such information as the Secretary may re14 quire, including, at a minimum, the following: 

15 ‘‘(A) A description of how the eligible enti16 ty plans to implement reduced fare transit ac17 cess with respect to low-income individuals, in18 cluding any eligibility requirements for such 

19 transit access. 

20 ‘‘(B) A description of how the eligible enti21 ty will consult with local community stake22 holders, labor unions, local education agencies 

23 and institutions of higher education, public 

24 housing agencies, and workforce development 

25 boards in the implementation of reduced fares. 


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1 ‘‘(C) A description of the eligible entity’s 

2 current fare evasion enforcement policies, in3 cluding how the eligible entity plans to use the 

4 reduced fare program to reduce fare evasion. 

5 ‘‘(D) An estimate of additional costs to 

6 such eligible entity as a result of reduced tran7 sit fares. 

8 ‘‘(4) GRANT DURATION.—Grants awarded 

9 under this subsection shall be for a 2-year period. 

10 ‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 

11 carrying out the program under this subsection, the 

12 Secretary shall award not more than 20 percent of 

13 grants to eligible entities located in rural areas. 

14 ‘‘(6) USES OF FUNDS.—An eligible entity re15 ceiving a grant under this subsection shall use such 

16 grant to implement a reduced fare transit program 

17 and offset lost fare revenue. 

18 ‘‘(7) DEFINITIONS.—In this subsection: 

19 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi20 ble entity’ means a State, local, or Tribal gov21 ernmental entity that operates a public trans22 portation service and is a recipient or sub23 recipient of funds under this chapter. 


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1 ‘‘(B) LOW-INCOME INDIVIDUAL.—The 

2 term ‘low-income individual’ means an indi3 vidual— 

4 ‘‘(i) that has qualified for— 

5 ‘‘(I) any program of medical as6 sistance under a State plan or under 

7 a waiver of the plan under title XIX 

8 of the Social Security Act (42 U.S.C. 

9 1396 et seq.); 

10 ‘‘(II) supplemental nutrition as11 sistance program (SNAP) under the 

12 Food and Nutrition Act of 2008 (7 

13 U.S.C. 2011 et seq.); 

14 ‘‘(III) the program of block 

15 grants for States for temporary assist16 ance for needy families (TANF) es17 tablished under part A of title IV of 

18 the Social Security Act (42 U.S.C. 

19 601 et seq.); 

20 ‘‘(IV) the free and reduced price 

21 school lunch program established 

22 under the Richard B. Russell National 

23 School Lunch Act (42 U.S.C. 1751 et 

24 seq.); 


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1 ‘‘(V) a housing voucher through 

2 section 8(o) of the United States 

3 Housing Act of 1937 (42 U.S.C. 

4 1437f(o)); 

5 ‘‘(VI) benefits under the Low-In6 come Home Energy Assistance Act of 

7 1981; or 

8 ‘‘(VII) special supplemental food 

9 program for women, infants and chil10 dren (WIC) under section 17 of the 

11 Child Nutrition Act of 1966 (42 

12 U.S.C. 1786); or 

13 ‘‘(ii) whose family income is at or 

14 below a set percent (as determined by the 

15 eligible recipient) of the poverty line (as 

16 that term is defined in section 673(2) of 

17 the Community Service Block Grant Act 

18 (42 U.S.C. 9902(2)), including any revi19 sion required by that section) for a family 

20 of the size involved. 

21 ‘‘(8) REPORT.—The Secretary shall designate a 

22 university transportation center under section 5505 

23 to collaborate with the eligible entities receiving a 

24 grant under this subsection to collect necessary data 

25 to evaluate the effectiveness of meeting the targets 


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1 described in the application of such recipient, includ2 ing increased ridership and progress towards signifi3 cantly closing transit equity gaps.’’. 

4 Subtitle F—Supporting Frontline 

5 Workers and Passenger Safety 

6 SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 

7 TRAINING CENTER. 

8 Section 5314(b) of title 49, United States Code, is 

9 amended— 

10 (1) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) NATIONAL TRANSIT FRONTLINE WORK13 FORCE TRAINING CENTER.— 

14 ‘‘(A) ESTABLISHMENT.—The Secretary 

15 shall establish a national transit frontline work16 force training center (hereinafter referred to as 

17 the ‘Center’) and award grants to a nonprofit 

18 organization with a demonstrated capacity to 

19 develop and provide transit career ladder pro20 grams through labor-management partnerships 

21 and apprenticeships on a nationwide basis, in 

22 order to carry out the duties under subpara23 graph (B). The Center shall be dedicated to the 

24 needs of the frontline transit workforce in both 

25 rural and urban transit systems by providing 


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1 standards-based training in the maintenance 

2 and operations occupations. 

3 ‘‘(B) DUTIES.— 

4 ‘‘(i) IN GENERAL.—In cooperation 

5 with the Administrator of the Federal 

6 Transit Administration, public transpor7 tation authorities, and national entities, 

8 the Center shall develop and conduct train9 ing and educational programs for frontline 

10 local transportation employees of recipients 

11 eligible for funds under this chapter. 

12 ‘‘(ii) TRAINING AND EDUCATIONAL

13 PROGRAMS.—The training and educational 

14 programs developed under clause (i) may 

15 include courses in recent developments, 

16 techniques, and procedures related to— 

17 ‘‘(I) developing consensus na18 tional training standards in partner19 ship with industry stakeholders for 

20 key frontline transit occupations with 

21 demonstrated skill gaps; 

22 ‘‘(II) developing national systems 

23 of qualification and apprenticeship for 

24 transit maintenance and operations 

25 occupations; 


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1 ‘‘(III) building local, regional, 

2 and statewide transit training part3 nerships to identify and address work4 force skill gaps and develop skills 

5 needed for delivering quality transit 

6 service and supporting employee ca7 reer advancement; 

8 ‘‘(IV) developing programs for 

9 training of transit frontline workers, 

10 instructors, mentors, and labor-man11 agement partnership representatives, 

12 in the form of classroom, hands-on, 

13 on-the-job, and web-based training, 

14 delivered at a national center, region15 ally, or at individual transit agencies; 

16 ‘‘(V) developing training pro17 grams for skills related to existing 

18 and emerging transit technologies, in19 cluding zero emission buses; 

20 ‘‘(VI) developing improved capac21 ity for safety, security, and emergency 

22 preparedness in local transit systems 

23 and in the industry as a whole 

24 through— 


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1 ‘‘(aa) developing the role of 

2 the transit frontline workforce in 

3 building and sustaining safety 

4 culture and safety systems in the 

5 industry and in individual public 

6 transportation systems; and 

7 ‘‘(bb) training to address 

8 transit frontline worker roles in 

9 promoting health and safety for 

10 transit workers and the riding 

11 public; 

12 ‘‘(VII) developing local transit 

13 capacity for career pathways partner14 ships with schools and other commu15 nity organizations for recruiting and 

16 training under-represented popu17 lations as successful transit employees 

18 who can develop careers in the transit 

19 industry; and 

20 ‘‘(VIII) in collaboration with the 

21 Administrator of the Federal Transit 

22 Administration and organizations rep23 resenting public transit agencies, con24 ducting and disseminating research 

25 to— 


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1 ‘‘(aa) provide transit work2 force job projections and identify 

3 training needs and gaps; 

4 ‘‘(bb) determine the most 

5 cost-effective methods for transit 

6 workforce training and develop7 ment, including return on invest8 ment analysis; 

9 ‘‘(cc) identify the most effec10 tive methods for implementing 

11 successful safety systems and a 

12 positive safety culture; and 

13 ‘‘(dd) promote transit work14 force best practices for achieving 

15 cost-effective, quality, safe, and 

16 reliable public transportation 

17 services. 

18 ‘‘(C) COORDINATION.—The Secretary shall 

19 coordinate activities under this section, to the 

20 maximum extent practicable, with the National 

21 Office of Apprenticeship of the Department of 

22 Labor and the Office of Career, Technical, and 

23 Adult Education of the Department of Edu24 cation. 

25 ‘‘(D) AVAILABILITY OF AMOUNTS.— 


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1 ‘‘(i) IN GENERAL.—Not more than 1 

2 percent of amounts made available to a re3 cipient under sections 5307, 5311, 5337, 

4 and 5339 is available for expenditures by 

5 the recipient, with the approval of the Sec6 retary, to pay not more than 80 percent of 

7 the cost of eligible activities under this 

8 subsection. 

9 ‘‘(ii) EXISTING PROGRAMS.—A recipi10 ent may use amounts made available under 

11 clause (i) to carry out existing local edu12 cation and training programs for public 

13 transportation employees supported by the 

14 Secretary, the Department of Labor, or 

15 the Department of Education.’’; 

16 (2) in paragraph (3) by striking ‘‘or (2)’’; and 

17 (3) by striking paragraph (4). 

18 SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 

19 Section 5329 of title 49, United States Code, is 

20 amended— 

21 (1) in subsection (b)(2)(C)(ii)— 

22 (A) in subclause (I) by striking ‘‘and’’ at 

23 the end; 

24 (B) in subclause (II) by striking the semi25 colon and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(III) innovations in driver as3 sistance technologies and driver pro4 tection infrastructure where appro5 priate.’’; 

6 (2) in subsection (d)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (A) by inserting 

9 ‘‘the safety committee established under 

10 paragraph (4), and subsequently,’’ before 

11 ‘‘the board of directors’’; 

12 (ii) in subparagraph (C) by striking 

13 ‘‘public, personnel, and property’’ and in14 serting ‘‘public and personnel to injuries, 

15 assaults, and fatalities, and strategies to 

16 minimize the exposure of property’’; 

17 (iii) by striking subparagraph (G) and 

18 inserting the following: 

19 ‘‘(G) a comprehensive staff training pro20 gram for the operations and maintenance per21 sonnel and personnel directly responsible for 

22 safety of the recipient that includes— 

23 ‘‘(i) the completion of a safety train24 ing program; 


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1 ‘‘(ii) continuing safety education and 

2 training; and 

3 ‘‘(iii) de-escalation training; and 

4 ‘‘(H) a requirement that the safety com5 mittee only approve a safety plan under sub6 paragraph (A) if such plan does not amend, 

7 modify or conflict with the recipient’s fiscal 

8 budget.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(4) SAFETY COMMITTEE.—For purposes of the 

11 approval process of an agency safety plan under 

12 paragraph (1), the safety committee shall be con13 vened by a joint labor-management process and con14 sist of an equal number of— 

15 ‘‘(A) frontline employee representatives, se16 lected by the labor organization representing 

17 the plurality of the frontline workforce em18 ployed by the recipient, if applicable; and 

19 ‘‘(B) employer or State representatives.’’; 

20 and 

21 (3) in subsection (e)(4)(A)(v) by inserting ‘‘, in22 spection,’’ after ‘‘has investigative’’. 


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1 SEC. 2603. AUTOMATED VEHICLE TRANSIT WORKFORCE 

2 STANDARDS. 

3 (a) PROHIBITION ON USE OF FUNDS.—No financial 

4 assistance under chapter 53 of title 49, United States 

5 Code, may be used for an automated vehicle providing 

6 public transportation unless— 

7 (1) the recipient of such assistance that pro8 poses to deploy an automated vehicle providing pub9 lic transportation certifies to the Secretary of Trans10 portation that the deployment does not duplicate, 

11 eliminate, or reduce the frequency of existing public 

12 transportation service; and 

13 (2) the Secretary receives, approves, and pub14 lishes the workforce development plan under sub15 section (b) submitted by the eligible entity when re16 quired by subsection (b)(1). 

17 (b) WORKFORCE DEVELOPMENT PLAN.— 

18 (1) IN GENERAL.—A recipient of financial as19 sistance under chapter 53 of title 49, United States 

20 Code, proposing to deploy an automated vehicle pro21 viding public transportation shall submit to the Sec22 retary, prior to implementation of such service, a 

23 workforce development plan if such service, com24 bined with any other automated vehicle providing 

25 public transportation offered by such recipient, 


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1 would exceed by more than 0.5 percent of the recipi2 ent’s total transit passenger miles traveled. 

3 (2) CONTENTS.—The workforce development 

4 plan under subsection (a) shall include the following: 

5 (A) A description of services offered by ex6 isting modes of public transportation in the 

7 area served by the recipient that could be af8 fected by the proposed automated vehicle pro9 viding public transportation, including jobs and 

10 functions of such jobs. 

11 (B) A forecast of the number of jobs pro12 vided by existing modes of public transportation 

13 that would be eliminated or that would be sub14 stantially changed and the number of jobs ex15 pected to be created by the proposed automated 

16 vehicle providing public transportation over a 5- 

17 year period from the date of the publication of 

18 the workforce development plan. 

19 (C) Identified gaps in skills needed to op20 erate and maintain the proposed automated ve21 hicle providing public transportation. 

22 (D) A comprehensive plan to transition, 

23 train, or retrain employees that could be af24 fected by the proposed automated vehicle pro25 viding public transportation. 


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1 (E) An estimated budget to transition, 

2 train, or retrain employees impacted by the pro3 posed automated vehicle providing public trans4 portation over a 5-year period from the date of 

5 the publication of the workforce development 

6 plan. 

7 (c) NOTICE REQUIRED.— 

8 (1) IN GENERAL.—A recipient of financial as9 sistance under chapter 53 of title 49, United States 

10 Code, shall issue a notice to employees who, due to 

11 the use of an automated vehicle providing public 

12 transportation, may be subjected to a loss of employ13 ment or a change in responsibilities not later than 

14 60 days before issuing a request for proposals to 

15 procure or contract for such a vehicle. 

16 (2) CONTENT.—The notice required in para17 graph (1) shall include the following: 

18 (A) A description of the automated vehicle 

19 providing public transportation. 

20 (B) The impact of the automated vehicle 

21 providing public transportation on employment 

22 positions, including a description of which em23 ployment positions will be affected and whether 

24 any new positions will be created. 

25 (d) DEFINITIONS.—In this section: 


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1 (1) AUTOMATED VEHICLE.—The term ‘‘auto2 mated vehicle’’ means a motor vehicle that— 

3 (A) is capable of performing the entire 

4 task of driving (including steering, accelerating 

5 and decelerating, and reacting to external stim6 ulus) without human intervention; and 

7 (B) is designed to be operated exclusively 

8 by a Level 4 or Level 5 automated driving sys9 tem for all trips according to the recommended 

10 practice standards published on June 15, 2018, 

11 by the Society of Automotive Engineers Inter12 national (J3016l201806) or equivalent stand13 ards adopted by the Secretary with respect to 

14 automated motor vehicles. 

15 (2) PUBLIC TRANSPORTATION.—The term 

16 ‘‘public transportation’’ has the meaning given such 

17 term in section 5302 of title 49, United States Code. 

18 SEC. 2604. PERFORMANCE-BASED METRICS. 

19 Section 5329(d)(2) of title 49, United States Code, 

20 is amended to read as follows: 

21 ‘‘(2) PERFORMANCE-BASED METRICS SPECIAL

22 RULE.— 

23 ‘‘(A) IN GENERAL.— 

24 ‘‘(i) POPULATION OVER 200,000.— 

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1 banized area with a population of over 

2 200,000 that receives funds under section 

3 5307, for each reported exceeded metric in 

4 a fiscal year, such recipient shall allocate 

5 2.5 percent of such funds for the subse6 quent 2 fiscal years to projects described 

7 in subparagraph (B). 

8 ‘‘(ii) POPULATION OF 200,000 OR

9 LESS.—With respect to a recipient serving 

10 an urbanized area with a population of 

11 200,000 or less that receives funds under 

12 section 5307, if such recipient submits a 

13 reported exceeded metric for the perform14 ance-based metric described in subpara15 graph (C)(i)(III), such recipient shall allo16 cate 2.5 percent of such funds for the sub17 sequent 2 fiscal years to projects described 

18 in subparagraph (B). 

19 ‘‘(B) ELIGIBLE PROJECTS.—Funds set 

20 aside under this paragraph shall be used for 

21 projects that are reasonably likely to reduce in22 juries and fatalities identified in a reported ex23 ceeded metric, including state of good repair 

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1 tions to rolling stock, and de-escalation train2 ing. 

3 ‘‘(C) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) PERFORMANCE-BASED METRIC.— 

5 The term ‘performance-based metric’ 

6 means the number of— 

7 ‘‘(I) passenger and workforce in8 juries by total revenue vehicle miles 

9 attributed to rail; 

10 ‘‘(II) passenger and workforce fa11 talities by total revenue vehicle miles 

12 attributed to rail; 

13 ‘‘(III) passenger and workforce 

14 injuries by total revenue vehicle miles 

15 attributed to buses; and 

16 ‘‘(IV) passenger and workforce 

17 fatalities by total revenue vehicle miles 

18 attributed to buses. 

19 ‘‘(ii) REPORTED EXCEEDED MET20 RIC.—The term ‘reported exceeded metric’ 

21 means a performance-based metric based 

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1 mined by the Secretary) by 50 percent in 

2 a fiscal year.’’. 

3 Subtitle G—Transit-Supportive 

4 Communities 

5 SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 

6 (a) IN GENERAL.—Chapter 53 of subtitle III of title 

7 49, United States Code, is amended by inserting after sec8 tion 5327 the following: 

9 ‘‘§ 5328. Transit-supportive communities 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish within the Federal Transit Administration, an Office 

12 of Transit-Supportive Communities to make grants, pro13 vide technical assistance, and assist in the coordination 

14 of transit and housing policies within the Federal Transit 

15 Administration, the Department of Transportation, and 

16 across the Federal Government. 

17 ‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING

18 GRANT PROGRAM.— 

19 ‘‘(1) DEFINITION.—In this subsection the term 

20 ‘eligible project’ means— 

21 ‘‘(A) a new fixed guideway capital project 

22 or a core capacity improvement project as de23 fined in section 5309; 


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1 ‘‘(B) an existing fixed guideway system, or 

2 an existing station that is served by a fixed 

3 guideway system; or 

4 ‘‘(C) the immediate corridor along the 

5 highest 25 percent of routes by ridership as 

6 demonstrated in section 5336(b)(2)(B). 

7 ‘‘(2) GENERAL AUTHORITY.—The Secretary 

8 may make grants under this subsection to a State 

9 or local governmental authority to assist in financing 

10 comprehensive planning associated with an eligible 

11 project that seeks to— 

12 ‘‘(A) enhance economic development, rider13 ship, and other goals established during the 

14 project development and engineering processes 

15 or the grant application; 

16 ‘‘(B) facilitate multimodal connectivity and 

17 accessibility; 

18 ‘‘(C) increase access to transit hubs for pe19 destrian and bicycle traffic; 

20 ‘‘(D) enable mixed-use development; 

21 ‘‘(E) identify infrastructure needs associ22 ated with the eligible project; and 

23 ‘‘(F) include private sector participation. 

24 ‘‘(3) ELIGIBILITY.—A State or local govern25 mental authority that desires to participate in the 


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1 program under this subsection shall submit to the 

2 Secretary an application that contains at a min3 imum— 

4 ‘‘(A) an identification of an eligible project; 

5 ‘‘(B) a schedule and process for the devel6 opment of a comprehensive plan; 

7 ‘‘(C) a description of how the eligible 

8 project and the proposed comprehensive plan 

9 advance the metropolitan transportation plan of 

10 the metropolitan planning organization; 

11 ‘‘(D) proposed performance criteria for the 

12 development and implementation of the com13 prehensive plan; 

14 ‘‘(E) a description of how the project will 

15 reduce and mitigate social and economic im16 pacts on existing residents and businesses vul17 nerable to displacement; and 

18 ‘‘(F) identification of— 

19 ‘‘(i) partners; 

20 ‘‘(ii) availability of and authority for 

21 funding; and 

22 ‘‘(iii) potential State, local or other 

23 impediments to the implementation of the 

24 comprehensive plan. 


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1 ‘‘(4) COST SHARE.—A grant under this sub2 section shall not exceed an amount in excess of 80 

3 percent of total project costs, except that a grant 

4 that includes an affordable housing component shall 

5 not exceed an amount in excess of 90 percent of 

6 total project costs. 

7 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

8 provide technical assistance to local governmental authori9 ties and states in the planning and development of transit10 oriented development projects and transit supportive cor11 ridor policies, including— 

12 ‘‘(1) the siting, planning, financing, and inte13 gration of transit-oriented development projects; 

14 ‘‘(2) the integration of transit-oriented develop15 ment and transit-supportive corridor policies in the 

16 preparation for and development of an application 

17 for funding under section 602 of title 23; 

18 ‘‘(3) the siting, planning, financing, and inte19 gration of transit-oriented development and transit 

20 supportive corridor policies associated with projects 

21 under section 5309; 

22 ‘‘(4) the development of housing feasibility as23 sessments as allowed under section 5309(g)(3)(B); 


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1 ‘‘(5) the development of transit-supportive cor2 ridor policies that promote transit ridership and 

3 transit-oriented development; 

4 ‘‘(6) the development, implementation, and 

5 management of land value capture programs; and 

6 ‘‘(7) the development of model contracts, model 

7 codes, and best practices for the implementation of 

8 transit-oriented development projects and transit9 supportive corridor policies. 

10 ‘‘(d) EQUITY.—In providing technical assistance 

11 under subsection (c), the Secretary shall incorporate strat12 egies to promote equity for underrepresented and under13 served communities, including— 

14 ‘‘(1) preventing displacement of existing resi15 dents and businesses; 

16 ‘‘(2) mitigating rent and housing price in17 creases; 

18 ‘‘(3) incorporating affordable rental and owner19 ship housing in transit-oriented development; 

20 ‘‘(4) engaging under-served, limited English 

21 proficiency, low income, and minority communities 

22 in the planning process; and 

23 ‘‘(5) fostering economic development opportuni24 ties for existing residents and businesses. 


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1 ‘‘(e) AUTHORITY TO REQUEST STAFFING ASSIST2 ANCE.—In fulfilling the duties of this section, the Sec3 retary shall, as needed, request staffing and technical as4 sistance from other Federal agencies, programs, adminis5 trations, boards, or commissions. 

6 ‘‘(f) REVIEW EXISTING POLICIES AND PROGRAMS.— 

7 Not later than 24 months after the date of enactment of 

8 this section, the Secretary shall review and evaluate all 

9 existing policies and programs within the Federal Transit 

10 Administration that support or promote transit-oriented 

11 development to ensure their coordination and effectiveness 

12 relative to the goals of this section. 

13 ‘‘(g) REPORTING.—Not later than February 1 of 

14 each year beginning the year after the date of enactment 

15 of this section, the Secretary shall prepare a report detail16 ing the grants and technical assistance provided under this 

17 section. The report shall be provided to the Committee on 

18 Transportation and Infrastructure of the House of Rep19 resentatives and the Committee on Banking, Housing and 

20 Urban Affairs of the Senate. 

21 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section au22 thorizes the Secretary to provide any financial assistance 

23 for the construction of housing.’’. 

24 (b) CLERICAL AMENDMENT.—The analysis for chap25 ter 53 of subtitle III of title 49, United States Code, is 


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1 amended by inserting after the item relating to section 

2 5327 the following: 

‘‘5328. Transit-supportive communities.’’. 

3 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

4 Section 20005 of the MAP–21 (Public Law 112–141) is 

5 amended— 

6 (1) by striking ‘‘(a) AMENDMENT.—’’; and 

7 (2) by striking subsection (b). 

8 SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 

9 HOUSING. 

10 Section 5334(h)(1) of title 49, United States Code, 

11 is amended to read as follows: 

12 ‘‘(1) IN GENERAL.—If a recipient of assistance 

13 under this chapter decides an asset acquired under 

14 this chapter at least in part with that assistance is 

15 no longer needed for the purpose for which such 

16 asset was acquired, the Secretary may authorize the 

17 recipient to transfer such asset to— 

18 ‘‘(A) a local governmental authority to be 

19 used for a public purpose with no further obli20 gation to the Government if the Secretary de21 cides— 

22 ‘‘(i) the asset will remain in public use 

23 for at least 5 years after the date the asset 

24 is transferred; 


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1 ‘‘(ii) there is no purpose eligible for 

2 assistance under this chapter for which the 

3 asset should be used; 

4 ‘‘(iii) the overall benefit of allowing 

5 the transfer is greater than the interest of 

6 the Government in liquidation and return 

7 of the financial interest of the Government 

8 in the asset, after considering fair market 

9 value and other factors; and 

10 ‘‘(iv) through an appropriate screen11 ing or survey process, that there is no in12 terest in acquiring the asset for Govern13 ment use if the asset is a facility or land; 

14 or 

15 ‘‘(B) a local governmental authority, non16 profit organization, or other third party entity 

17 to be used for the purpose of transit-oriented 

18 development with no further obligation to the 

19 Government if the Secretary decides— 

20 ‘‘(i) the asset is a necessary compo21 nent of a proposed transit-oriented devel22 opment project; 

23 ‘‘(ii) the transit-oriented development 

24 project will increase transit ridership; 


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1 ‘‘(iii) at least 15 percent of the hous2 ing units offered in the transit-oriented de3 velopment are legally binding affordability 

4 restricted to tenants with incomes below 

5 60 percent of the area median income and/ 

6 or owners with incomes below 60 percent 

7 the area median income; 

8 ‘‘(iv) the asset will remain in use as 

9 described in this section for at least 15 

10 years after the date the asset is trans11 ferred; and 

12 ‘‘(v) with respect to a transfer to a 

13 third party entity— 

14 ‘‘(I) a local government authority 

15 or nonprofit organization is unable to 

16 receive the property; and 

17 ‘‘(II) the overall benefit of allow18 ing the transfer is greater than the in19 terest of the Government in liquida20 tion and return of the financial inter21 est of the Government in the asset, 

22 after considering fair market value 

23 and other factors.’’. 


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1 SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 

2 INVESTMENT GRANTS. 

3 Section 5309 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (g)— 

6 (A) in paragraph (2)(B)— 

7 (i) in clause (i) by striking ‘‘; and’’ 

8 and inserting a semicolon; 

9 (ii) in clause (ii) by striking the pe10 riod and inserting ‘‘; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(iii) in the case of a new fixed guide14 way capital project or a core capacity im15 provement project, allow a weighting five 

16 points greater to the economic development 

17 subfactor and five points lesser to the low18 est scoring subfactor if the applicant dem19 onstrates substantial efforts to preserve or 

20 encourage affordable housing near the 

21 project by providing documentation of poli22 cies that allow by-right multi-family hous23 ing, single room occupancy units, or acces24 sory dwelling units, providing local capital 

25 sources for transit-oriented development, 


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1 or demonstrate other methods as deter2 mined by the Secretary.’’; and 

3 (B) in paragraph (3), as amended by this 

4 Act, by adding at the end the following: 

5 ‘‘(B) establish a warrant that applies to 

6 the economic development project justification 

7 criteria, provided that the applicant that re8 quests a warrant under this process has com9 pleted and submitted a housing feasibility as10 sessment.’’; and 

11 (2) in subsection (l)(4)— 

12 (A) in subparagraph (B) by striking ‘‘; or’’ 

13 and inserting a semicolon; 

14 (B) in subparagraph (C) by striking the 

15 period and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(D) from grant proceeds distributed 

18 under section 103 of the Housing and Commu19 nity Development Act of 1974 (42 U.S.C. 

20 5303) or section 201 of the Public Works and 

21 Economic Development Act of 1965 (42 U.S.C. 

22 3141) provided that— 

23 ‘‘(i) such funds are used in conjunc24 tion with the planning or development of 

25 affordable housing; and 


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1 ‘‘(ii) such affordable housing is lo2 cated within one-half of a mile of a new 

3 station.’’. 

4 Subtitle H—Innovation 

5 SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 

6 Section 5312(d) of title 49, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(3) MOBILITY INNOVATION SANDBOX PRO9 GRAM.—The Secretary may make funding available 

10 under this subsection to carry out research on mobil11 ity on demand and mobility as a service activities eli12 gible under section 5316.’’. 

13 SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE14 SIGN PROGRAM. 

15 Section 5312(d) of title 49, United States Code, is 

16 further amended by adding at the end the following: 

17 ‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT

18 REDESIGN PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 make funding available under this subsection to 

21 carry out research on redesigning transit bus 

22 operator compartments to improve safety, oper23 ational efficiency, and passenger accessibility. 

24 ‘‘(B) OBJECTIVES.—Research objectives 

25 under this paragraph shall include— 


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1 ‘‘(i) increasing bus operator safety 

2 from assaults; 

3 ‘‘(ii) optimizing operator visibility and 

4 reducing operator distractions to improve 

5 safety of bus passengers, pedestrians, 

6 bicyclists, and other roadway users; 

7 ‘‘(iii) expanding passenger accessi8 bility for positive interactions between op9 erators and passengers, including assisting 

10 passengers in need of special assistance; 

11 ‘‘(iv) accommodating compliance for 

12 passenger boarding, alighting, and secure13 ment with the Americans with Disabilities 

14 Act of 1990 (42 U.S.C. 12101 et seq.); 

15 and 

16 ‘‘(v) improving ergonomics to reduce 

17 bus operator work-related health issues 

18 and injuries, as well as locate key instru19 ment and control interfaces to improve 

20 operational efficiency and convenience. 

21 ‘‘(C) ACTIVITIES.—Eligible activities under 

22 this paragraph shall include— 

23 ‘‘(i) measures to reduce visibility im24 pairments and distractions for bus opera25 tors that contribute to accidents, including 


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1 retrofits to buses in revenue service and 

2 specifications for future procurements that 

3 reduce visibility impairments and distrac4 tions; 

5 ‘‘(ii) the deployment of assault mitiga6 tion infrastructure and technology on 

7 buses, including barriers to restrict the un8 wanted entry of individuals and objects 

9 into bus operators’ workstations; 

10 ‘‘(iii) technologies to improve pas11 senger accessibility, including boarding, 

12 alighting, and securement in compliance 

13 with the Americans with Disabilities Act of 

14 1990 (42 U.S.C. 12101 et seq.); 

15 ‘‘(iv) installation of seating and modi16 fication to design specifications of bus op17 erator workstations that reduce or prevent 

18 injuries from ergonomic risks; or 

19 ‘‘(v) other measures that align with 

20 the objectives under subparagraph (B). 

21 ‘‘(D) ELIGIBLE ENTITIES.—Entities eligi22 ble to receive funding under this paragraph 

23 shall include consortia consisting of, at a min24 imum: 


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1 ‘‘(i) recipients of funds under this 

2 chapter that provide public transportation 

3 services; 

4 ‘‘(ii) transit vehicle manufacturers; 

5 ‘‘(iii) representatives from organiza6 tions engaged in collective bargaining on 

7 behalf of transit workers in not fewer than 

8 3 States; and 

9 ‘‘(iv) any nonprofit institution of high10 er education, as defined in section 101 of 

11 the Higher Education Act of 1965 (20 

12 U.S.C. 1001).’’. 

13 SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 

14 COUNTS INITIATIVE. 

15 Section 5312 of title 49, United States Code, as 

16 amended by section 2503, is further amended by adding 

17 at the end the following: 

18 ‘‘(k) EVERY DAY COUNTS INITIATIVE.— 

19 ‘‘(1) IN GENERAL.—It is in the national inter20 est for the Department of Transportation and recipi21 ents of Federal public transportation funds— 

22 ‘‘(A) to identify, accelerate, and deploy in23 novation aimed at expediting project delivery, 

24 enhancing the safety of transit systems of the 

25 United States, and protecting the environment; 


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1 ‘‘(B) to ensure that the planning, design, 

2 engineering, construction, and financing of 

3 transportation projects is done in an efficient 

4 and effective manner; 

5 ‘‘(C) to promote the rapid deployment of 

6 proven solutions that provide greater account7 ability for public investments; and 

8 ‘‘(D) to create a culture of innovation 

9 within the transit community. 

10 ‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 

11 advance the policies described in paragraph (1), the 

12 Administrator of the Federal Transit Administration 

13 shall adopt the Every Day Counts initiative to work 

14 with recipients to identify and deploy the proven in15 novation practices and products that— 

16 ‘‘(A) accelerate innovation deployment; 

17 ‘‘(B) expedite the project delivery process; 

18 ‘‘(C) improve environmental sustainability; 

19 ‘‘(D) enhance transit safety; 

20 ‘‘(E) expand mobility; and 

21 ‘‘(F) reduce greenhouse gas emissions. 

22 ‘‘(3) CONSIDERATION.—In accordance with the 

23 Every Day Counts goals described in paragraphs (1) 

24 and (2), the Administrator shall consider research 


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1 conducted through the university transportation cen2 ters program in section 5505. 

3 ‘‘(4) INNOVATION DEPLOYMENT.— 

4 ‘‘(A) IN GENERAL.—At least every 2 years, 

5 the Administrator shall work collaboratively 

6 with recipients to identify a new collection of in7 novations, best practices, and data to be de8 ployed to recipients through case studies, 

9 webinars, and demonstration projects. 

10 ‘‘(B) REQUIREMENTS.—In identifying a 

11 collection described in subparagraph (A), the 

12 Secretary shall take into account market readi13 ness, impacts, benefits, and ease of adoption of 

14 the innovation or practice. 

15 ‘‘(5) PUBLICATION.—Each collection identified 

16 under paragraph (4) shall be published by the Ad17 ministrator on a publicly available website.’’. 

18 SEC. 2804. TECHNICAL CORRECTIONS. 

19 Section 5312 of title 49, United States Code, as 

20 amended in section 2503 and 2803, is further amended— 

21 (1) in subsection (e)— 

22 (A) in paragraph (3)(C) by striking ‘‘low 

23 or no emission vehicles, zero emission vehicles,’’ 

24 and inserting ‘‘zero emission vehicles’’; and 


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1 (B) by striking paragraph (6) and insert2 ing the following: 

3 ‘‘(6) ZERO EMISSION VEHICLE DEFINED.—In 

4 this subsection, the term ‘zero emission vehicle’ 

5 means a passenger vehicle used to provide public 

6 transportation that produces no carbon or particu7 late matter.’’; 

8 (2) by redesignating the first subsection (g) as 

9 subsection (f); and 

10 (3) in subsection (h)— 

11 (A) in the header by striking ‘‘LOW OR NO

12 EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 

13 (B) in paragraph (1)— 

14 (i) by striking subparagraph (B) and 

15 inserting the following: 

16 ‘‘(B) the term ‘zero emission vehicle’ has 

17 the meaning given such term in subsection 

18 (e)(6);’’; and 

19 (ii) in subparagraph (D) by striking 

20 ‘‘low or no emission vehicle’’ and inserting 

21 ‘‘zero emission vehicle’’ each place such 

22 term appears; 

23 (C) in paragraph (2)— 


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1 (i) in the heading by striking ‘‘LOW

2 OR NO EMISSION’’ and inserting ‘‘ZERO

3 EMISSION’’; and 

4 (ii) by striking ‘‘low or no emission’’ 

5 and inserting ‘‘zero emission’’ each place 

6 such term appears; 

7 (D) in paragraph (3) by striking ‘‘low or 

8 no emission’’ and inserting ‘‘zero emission’’ 

9 each place such term appears; and 

10 (E) in paragraph (5)(A) by striking ‘‘low 

11 or no emission’’ and inserting ‘‘zero emission’’. 

12 Subtitle I—Other Program 

13 Reauthorizations 

14 SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN15 TIVE MAINTENANCE PROJECTS FOR WASH16 INGTON METROPOLITAN AREA TRANSIT AU17 THORITY. 

18 Section 601 of the Passenger Rail Investment and 

19 Improvement Act of 2008 (Public Law 110–432) is 

20 amended— 

21 (1) in subsection (b) by striking ‘‘The Federal’’ 

22 and inserting ‘‘Except as provided in subsection 

23 (f)(2), the Federal’’; 

24 (2) by striking subsections (d) through (f) and 

25 inserting the following: 


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1 ‘‘(d) REQUIRED BOARD APPROVAL.—No amounts 

2 may be provided to the Transit Authority under this sec3 tion until the Transit Authority certifies to the Secretary 

4 of Transportation that— 

5 ‘‘(1) a board resolution has passed on or before 

6 July 1, 2021, and is in effect for the period of July 

7 1, 2022 through June 30, 2031, that— 

8 ‘‘(A) establishes an independent budget au9 thority for the Office of Inspector General of 

10 the Transit Authority; 

11 ‘‘(B) establishes an independent procure12 ment authority for the Office of Inspector Gen13 eral of the Transit Authority; 

14 ‘‘(C) establishes an independent hiring au15 thority for the Office of Inspector General of 

16 the Transit Authority; 

17 ‘‘(D) ensures the Inspector General of the 

18 Transit Authority can obtain legal advice from 

19 a counsel reporting directly to the Inspector 

20 General; 

21 ‘‘(E) requires the Inspector General of the 

22 Transit Authority to submit recommendations 

23 for corrective action to the General Manager 

24 and the Board of Directors of the Transit Au25 thority; 


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1 ‘‘(F) requires the Inspector General of the 

2 Transit Authority to publish any recommenda3 tion described in subparagraph (E) on the 

4 website of the Office of Inspector General of the 

5 Transit Authority, except that the Inspector 

6 General may redact personally identifiable in7 formation and information that, in the deter8 mination of the Inspector General, would pose 

9 a security risk to the systems of the Transit 

10 Authority; 

11 ‘‘(G) requires the Board of Directors of 

12 the Transit Authority to provide written notice 

13 to the Committee on Transportation and Infra14 structure of the House of Representatives and 

15 the Committee on Banking, Housing, and 

16 Urban Affairs of the Senate not less than 30 

17 days before the Board of Directors removes the 

18 Inspector General of the Transit Authority, 

19 which shall include the reasons for removal and 

20 supporting documentation; and 

21 ‘‘(H) prohibits the Board of Directors from 

22 removing the Inspector General of the Transit 

23 Authority unless the Board of Directors has 

24 provided a 30 day written notification as de25 scribed in subparagraph (G) that documents— 


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1 ‘‘(i) a permanent incapacity; 

2 ‘‘(ii) a neglect of duty; 

3 ‘‘(iii) malfeasance; 

4 ‘‘(iv) a conviction of a felony or con5 duct involving moral turpitude; 

6 ‘‘(v) a knowing violation of a law or 

7 regulation; 

8 ‘‘(vi) gross mismanagement; 

9 ‘‘(vii) a gross waste of funds; 

10 ‘‘(viii) an abuse of authority; or 

11 ‘‘(ix) inefficiency; and 

12 ‘‘(2) the Code of Ethics for Members of the 

13 WMATA Board of Directors passed on September 

14 26, 2019, remains in effect, or the Inspector General 

15 of the Transit Authority has concurred with any 

16 modifications to the Code of Ethics by the Board. 

17 ‘‘(e) AUTHORIZATIONS.— 

18 ‘‘(1) IN GENERAL.—There are authorized to be 

19 appropriated to the Secretary of Transportation for 

20 grants under this section— 

21 ‘‘(A) for fiscal year 2021, $150,000,000; 

22 ‘‘(B) for fiscal year 2022, $155,000,000; 

23 ‘‘(C) for fiscal year 2023, $160,000,000; 

24 ‘‘(D) for fiscal year 2024, $165,000,000; 

25 ‘‘(E) for fiscal year 2025, $170,000,000; 


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1 ‘‘(F) for fiscal year 2026, $175,000,000; 

2 ‘‘(G) for fiscal year 2027, $180,000,000; 

3 ‘‘(H) for fiscal year 2028, $185,000,000; 

4 ‘‘(I) for fiscal year 2029, $190,000,000; 

5 and 

6 ‘‘(J) for fiscal year 2030, $200,000,000. 

7 ‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR

8 GENERAL OF TRANSIT AUTHORITY.—From the 

9 amounts in paragraph (1), the Transit Authority 

10 shall provide at least 7 percent for each fiscal year 

11 to the Office of Inspector General of the Transit Au12 thority to carry out independent and objective au13 dits, investigations, and reviews of Transit Authority 

14 programs and operations to promote economy, effi15 ciency, and effectiveness, and to prevent and detect 

16 fraud, waste, and abuse in such programs and oper17 ations.’’; and 

18 (3) by redesignating subsection (g) as sub19 section (f). 

20 SEC. 2902. OTHER APPORTIONMENTS. 

21 Section 5336 of title 49, United States Code, is 

22 amended— 

23 (1) in subsection (h)— 


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1 (A) in the matter preceding paragraph (1) 

2 by striking ‘‘section 5336(a)(2)(C)’’ and insert3 ing ‘‘section 5336(a)(2)(B)’’; 

4 (B) by amending paragraph (1) to read as 

5 follows: 

6 ‘‘(1) to carry out section 5307(h)— 

7 ‘‘(A) $60,906,000 shall be set aside in fis8 cal year 2022; 

9 ‘‘(B) $61,856,134 shall be set aside in fis10 cal year 2023; 

11 ‘‘(C) $62,845,832 shall be set aside in fis12 cal year 2024; and 

13 ‘‘(D) $63,832,511 shall be set aside in fis14 cal year 2025;’’; 

15 (C) in paragraph (2) by striking ‘‘3.07 

16 percent’’ and inserting ‘‘6 percent’’; and 

17 (D) by amending paragraph (3) to read as 

18 follows: 

19 ‘‘(3) of amounts not apportioned under para20 graphs (1) and (2), 3 percent shall be apportioned 

21 to urbanized areas with populations of less than 

22 200,000 in accordance with subsection (i);’’; and 

23 (2) in subsection (i) by adding at the end the 

24 following: 


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1 ‘‘(3) CENSUS PHASE-OUT.—Before apportioning 

2 funds under subsection (h)(3), for any urbanized 

3 area that is no longer an eligible area due to a 

4 change in population in the most recent decennial 

5 census, the Secretary shall apportion to such urban6 ized area, for 3 fiscal years, an amount equal to half 

7 of the funds apportioned to such urbanized area pur8 suant to this subsection for the previous fiscal 

9 year.’’. 

10 Subtitle J—Streamlining 

11 SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT 

12 GRANTS. 

13 Section 5309 of title 49, United States Code, as 

14 amended by section 2703 of this Act, is further amend15 ed— 

16 (1) in subsection (a)— 

17 (A) by striking paragraph (6); 

18 (B) by redesignating paragraph (7) as 

19 paragraph (6); and 

20 (C) in paragraph (6), as so redesignated; 

21 (i) in subparagraph (A) by striking 

22 ‘‘$100,000,000’’ and inserting 

23 ‘‘$320,000,000’’; and 


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1 (ii) in subparagraph (B) by striking 

2 ‘‘$300,000,000’’ and inserting 

3 ‘‘$400,000,000’’; 

4 (2) in subsection (b)(2) by inserting ‘‘expanding 

5 station capacity,’’ after ‘‘construction of infill sta6 tions,’’; 

7 (3) in subsection (d)(1)— 

8 (A) in subparagraph (C)(i) by striking ‘‘2 

9 years’’ and inserting ‘‘3 years’’; and 

10 (B) by adding at the end the following: 

11 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT

12 ACTIVITIES.—An applicant may perform cost 

13 and schedule risk assessments with technical 

14 assistance provided by the Secretary. 

15 ‘‘(E) STATUTORY CONSTRUCTION.—Noth16 ing in this section shall be construed as author17 izing the Secretary to require cost and schedule 

18 risk assessments in the project development 

19 phase.’’; 

20 (4) in subsection (e)(1)— 

21 (A) in subparagraph (C)(i) by striking ‘‘2 

22 years’’ and inserting ‘‘3 years’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(D) OPTIONAL PROJECT DEVELOPMENT

25 ACTIVITIES.—An applicant may perform cost 


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1 and schedule risk assessments with technical 

2 assistance provided by the Secretary. 

3 ‘‘(E) STATUTORY CONSTRUCTION.—Noth4 ing in this section shall be construed as author5 izing the Secretary to require cost and schedule 

6 risk assessments in the project development 

7 phase.’’; 

8 (5) in subsection (e)(2)(A)(iii)(II) by striking 

9 ‘‘5 years’’ and inserting ‘‘10 years’’; 

10 (6) in subsection (f)— 

11 (A) in paragraph (1) by striking ‘‘sub12 section (d)(2)(A)(v)’’ and inserting ‘‘subsection 

13 (d)(2)(A)(iv)’’; 

14 (B) in paragraph (2)— 

15 (i) by striking ‘‘subsection 

16 (d)(2)(A)(v)’’ and inserting ‘‘subsection 

17 (d)(2)(A)(iv)’’; 

18 (ii) in subparagraph (D) by adding 

19 ‘‘and’’ at the end; 

20 (iii) by striking subparagraph (E); 

21 and 

22 (iv) by redesignating subparagraph 

23 (F) as subparagraph (E); and 

24 (C) by adding at the end the following: 


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1 ‘‘(3) COST-SHARE INCENTIVES.—For a project 

2 for which a lower cost share is elected by the appli3 cant under subsection (l)(1)(C), the Secretary shall 

4 apply the following requirements and considerations 

5 in lieu of paragraphs (1) and (2): 

6 ‘‘(A) REQUIREMENTS.—In determining 

7 whether a project is supported by local financial 

8 commitment and shows evidence of stable and 

9 dependable financing sources for purposes of 

10 subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the 

11 Secretary shall require that— 

12 ‘‘(i) the proposed project plan pro13 vides for the availability of contingency 

14 amounts that the applicant determines to 

15 be reasonable to cover unanticipated cost 

16 increases or funding shortfalls; 

17 ‘‘(ii) each proposed local source of 

18 capital and operating financing is stable, 

19 reliable, and available within the proposed 

20 project timetable; 

21 ‘‘(iii) an applicant certifies that local 

22 resources are available to recapitalize, 

23 maintain, and operate the overall existing 

24 and proposed public transportation system, 

25 including essential feeder bus and other 


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1 services necessary to achieve the projected 

2 ridership levels without requiring a reduc3 tion in existing public transportation serv4 ices or level of service to operate the 

5 project; and 

6 ‘‘(iv) an executed full funding grant 

7 agreement has at least 75 percent of local 

8 financial commitment committed and the 

9 remaining percentage budgeted for the pro10 posed purposes. 

11 ‘‘(B) CONSIDERATIONS.—In assessing the 

12 stability, reliability, and availability of proposed 

13 sources of local financing for purposes of sub14 section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec15 retary shall consider— 

16 ‘‘(i) the reliability of the forecasting 

17 methods used to estimate costs and reve18 nues made by the recipient and the con19 tractors to the recipient; 

20 ‘‘(ii) existing grant commitments; 

21 ‘‘(iii) any debt obligation that exists, 

22 or is proposed by the recipient, for the pro23 posed project or other public transpor24 tation purpose; and 


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1 ‘‘(iv) private contributions to the 

2 project, including cost-effective project de3 livery, management or transfer of project 

4 risks, expedited project schedule, financial 

5 partnering, and other public-private part6 nership strategies. 

7 ‘‘(4) CONTINGENCY SHARE.—For purposes of 

8 paragraph (1)(A), the Secretary shall provide 50 

9 percent of the recommended contingency established 

10 by the project management oversight contractor 

11 under section 5327 in addition to the grant amount 

12 set in subsection (k)(2)(C)(ii).’’; 

13 (7) in subsection (g)— 

14 (A) in paragraph (2)(A) by striking ‘‘de15 gree of local financial commitment’’ and insert16 ing ‘‘criteria in subsection (f)’’ each place it ap17 pears; 

18 (B) in paragraph (3) by striking ‘‘The Sec19 retary shall’’ and all that follows through the 

20 end and inserting the following: ‘‘The Secretary 

21 shall— 

22 ‘‘(A) to the maximum extent practicable, 

23 develop and use special warrants for making a 

24 project justification determination under sub25 section (d)(2) or (e)(2), as applicable, for a 


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1 project proposed to be funded using a grant 

2 under this section if— 

3 ‘‘(i) the share of the cost of the 

4 project to be provided under this section— 

5 ‘‘(I) does not exceed 

6 $500,000,000 and the total project 

7 cost does not exceed $1,000,000,000; 

8 or 

9 ‘‘(II) complies with subsection 

10 (l)(1)(C); 

11 ‘‘(ii) the applicant requests the use of 

12 the warrants; 

13 ‘‘(iii) the applicant certifies that its 

14 existing public transportation system is in 

15 a state of good repair; and 

16 ‘‘(iv) the applicant meets any other 

17 requirements that the Secretary considers 

18 appropriate to carry out this subsection; 

19 and’’; 

20 (C) by striking paragraph (5) and insert21 ing the following: 

22 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

23 issue policy guidance on the review and evaluation 

24 process and criteria not later than 180 days after 


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1 the date of enactment of the INVEST in America 

2 Act.’’; 

3 (D) by striking paragraph (6) and insert4 ing the following: 

5 ‘‘(6) TRANSPARENCY.—Not later than 30 days 

6 after the Secretary receives a written request from 

7 an applicant for all remaining information necessary 

8 to obtain 1 or more of the following, the Secretary 

9 shall provide such information to the applicant: 

10 ‘‘(A) Project advancement. 

11 ‘‘(B) Medium or higher rating. 

12 ‘‘(C) Warrant. 

13 ‘‘(D) Letter of intent. 

14 ‘‘(E) Early systems work agreement.’’; and 

15 (E) in paragraph (7) by striking ‘‘the Fed16 eral Public Transportation Act of 2012’’ and 

17 inserting ‘‘the INVEST in America Act’’; 

18 (8) in subsection (h)— 

19 (A) in paragraph (5) by striking the period 

20 at the end and inserting the following: ‘‘, except 

21 that for a project for which a lower local cost 

22 share is elected under subsection (l)(1)(C), the 

23 Secretary shall enter into a grant agreement 

24 under this subsection for any such project 

25 that— 


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1 ‘‘(A) has at least 75 percent of local finan2 cial commitment committed and the remaining 

3 percentage budgeted for the proposed purposes; 

4 and 

5 ‘‘(B) establishes contingency amounts that 

6 the applicant determines to be reasonable to 

7 cover unanticipated cost increases or funding 

8 shortfalls.’’; and 

9 (B) in paragraph (7)(C) by striking ‘‘10 

10 days’’ and inserting ‘‘3 days’’; 

11 (9) by striking subsection (i) and inserting the 

12 following: 

13 ‘‘(i) INTERRELATED PROJECTS.— 

14 ‘‘(1) RATINGS IMPROVEMENT.—The Secretary 

15 shall grant a rating increase of 1 level in mobility 

16 improvements to any project being rated under sub17 section (d), (e), or (h), if the Secretary certifies that 

18 the project has a qualifying interrelated project that 

19 meets the requirements of paragraph (2). 

20 ‘‘(2) INTERRELATED PROJECT.—A qualifying 

21 interrelated project is a transit project that— 

22 ‘‘(A) is adopted into the metropolitan 

23 transportation plan required under section 

24 5303; 


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1 ‘‘(B) has received a class of action designa2 tion under the National Environmental Policy 

3 Act of 1969 (42 U.S.C. 4321 et seq.); 

4 ‘‘(C) will likely increase ridership on the 

5 project being rated in subsection (d), (e), or 

6 (h), respectively, as determined by the Sec7 retary; and 

8 ‘‘(D) meets 1 of the following criteria: 

9 ‘‘(i) Extends the corridor of the 

10 project being rated in subsection (d), (e), 

11 or (h), respectively. 

12 ‘‘(ii) Provides a direct passenger 

13 transfer to the project being rated in sub14 section (d), (e), or (h), respectively.’’; 

15 (10) in subsection (k)(5) by striking ‘‘30 days’’ 

16 and inserting ‘‘3 days’’; 

17 (11) in subsection (l)— 

18 (A) in paragraph (1) by striking subpara19 graph (B) and inserting the following: 

20 ‘‘(B) CAP.—Except as provided in sub21 paragraph (C), a grant for a project under this 

22 section shall not exceed 80 percent of the net 

23 capital project cost, except that a grant for a 

24 core capacity improvement project shall not ex25 ceed 80 percent of the net capital project cost 


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1 of the incremental cost to increase the capacity 

2 in the corridor. 

3 ‘‘(C) APPLICANT ELECTION OF LOWER

4 LOCAL COST SHARE.—An applicant may elect a 

5 lower local cost share for a project under this 

6 section for purposes of application of the cost7 share incentives under subsection (f)(3). Such 

8 cost share shall not exceed 60 percent of the 

9 net capital project cost, except that for a grant 

10 for a core capacity improvement project such 

11 cost share shall not exceed 60 percent of the 

12 net capital project cost of the incremental cost 

13 to increase the capacity in the corridor.’’; 

14 (B) by striking paragraph (5) and insert15 ing the following: 

16 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC17 TION.—Nothing in this section shall be construed as 

18 authorizing the Secretary to require, incentivize (in 

19 any manner not specified in this section), or place 

20 additional conditions upon a non-Federal financial 

21 commitment for a project that is more than 20 per22 cent of the net capital project cost or, for a core ca23 pacity improvement project, 20 percent of the net 

24 capital project cost of the incremental cost to in25 crease the capacity in the corridor.’’; and 


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1 (C) by striking paragraph (8); 

2 (12) in subsection (o) by adding at the end the 

3 following: 

4 ‘‘(4) CIG PROGRAM DASHBOARD.—Not later 

5 than the fifth day of each month, the Secretary shall 

6 make publicly available on a website data on, includ7 ing the status of, each project under this section 

8 that is in the project development phase, in the engi9 neering phase, or has received a grant agreement 

10 and remains under construction. Such data shall in11 clude, for each project— 

12 ‘‘(A) the amount and fiscal year of any 

13 funding appropriated, allocated, or obligated for 

14 the project; 

15 ‘‘(B) the date on which the project— 

16 ‘‘(i) entered the project development 

17 phase; 

18 ‘‘(ii) entered the engineering phase, if 

19 applicable; and 

20 ‘‘(iii) received a grant agreement, if 

21 applicable; and 

22 ‘‘(C) the status of review by the Federal 

23 Transit Administration and the Secretary, in24 cluding dates of request, dates of acceptance of 


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1 request, and dates of a decision for each of the 

2 following, if applicable: 

3 ‘‘(i) A letter of no prejudice. 

4 ‘‘(ii) An environmental impact state5 ment notice of intent. 

6 ‘‘(iii) A finding of no significant envi7 ronmental impact. 

8 ‘‘(iv) A draft environmental impact 

9 statement. 

10 ‘‘(v) A final environmental impact 

11 statement. 

12 ‘‘(vi) A record of decision on the final 

13 environmental impact statement; and 

14 ‘‘(vii) The status of the applicant in 

15 securing the non-Federal match, based on 

16 information provided by the applicant, in17 cluding the amount committed, budgeted, 

18 planned, and undetermined.’’; and 

19 (13) by striking ‘‘an acceptable degree of’’ and 

20 inserting ‘‘a’’ each place it appears. 

21 SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT 

22 DEADLINE. 

23 Section 5336(d) of title 49, United States Code, is 

24 amended— 


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1 (1) by redesignating paragraph (2) as para2 graph (3); and 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) notwithstanding paragraph (1), apportion 

6 amounts to the States appropriated under section 

7 5338(a)(2) to carry out sections 5307, 5310, and 

8 5311 not later than December 15 for which any 

9 amounts are appropriated; and’’. 

10 SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE. 

11 Section 5334 of title 49, United States Code, is fur12 ther amended by adding at the end the following: 

13 ‘‘(l) DISPOSITION OF ASSETS BEYOND USEFUL

14 LIFE.— 

15 ‘‘(1) IN GENERAL.—If a recipient, or sub16 recipient, for assistance under this chapter disposes 

17 of an asset with a current market value, or proceed 

18 from the sale of such asset, acquired under this 

19 chapter at least in part with such assistance, after 

20 such asset has reached the useful life of such asset, 

21 the Secretary shall allow the recipient, or sub22 recipient, to use the proceeds attributable to the 

23 Federal share of such asset calculated under para24 graph (3) for capital projects under section 5307, 

25 5310, or 5311. 


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1 ‘‘(2) MINIMUM VALUE.—This subsection shall 

2 only apply to assets with a current market value, or 

3 proceeds from sale, of at least $5,000. 

4 ‘‘(3) CALCULATION OF FEDERAL SHARE AT5 TRIBUTABLE.—The proceeds attributable to the 

6 Federal share of an asset described in paragraph (1) 

7 shall be calculated by multiplying— 

8 ‘‘(A) the current market value of, or the 

9 proceeds from the disposition of, such asset; by 

10 ‘‘(B) the Federal share percentage for the 

11 acquisition of such asset at the time of acquisi12 tion of such asset.’’. 

13 SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBIL14 ITY. 

15 Section 5310 of title 49, United States Code, as 

16 amended by section 2205, is further amended by adding 

17 at the end the following: 

18 ‘‘(k) INNOVATIVE COORDINATED ACCESS AND MO19 BILITY.— 

20 ‘‘(1) START UP GRANTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary may 

22 make grants under this paragraph to eligible 

23 recipients to assist in financing innovative 

24 projects for the transportation disadvantaged 

25 that improve the coordination of transportation 


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1 services and non-emergency medical transpor2 tation services. 

3 ‘‘(B) APPLICATION.—An eligible recipient 

4 shall submit to the Secretary an application 

5 that, at a minimum, contains— 

6 ‘‘(i) a detailed description of the eligi7 ble project; 

8 ‘‘(ii) an identification of all eligible 

9 project partners and the specific role of 

10 each eligible project partner in the eligible 

11 project, including— 

12 ‘‘(I) private entities engaged in 

13 the coordination of nonemergency 

14 medical transportation services for the 

15 transportation disadvantaged; 

16 ‘‘(II) nonprofit entities engaged 

17 in the coordination of nonemergency 

18 medical transportation services for the 

19 transportation disadvantaged; or 

20 ‘‘(III) Federal entities engaged in 

21 the coordination of nonemergency 

22 medical transportation services for the 

23 transportation disadvantaged; and 

24 ‘‘(iii) a description of how the eligible 

25 project shall— 


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1 ‘‘(I) improve local coordination or 

2 access to coordinated transportation 

3 services; 

4 ‘‘(II) reduce duplication of serv5 ice, if applicable; and 

6 ‘‘(III) provide innovative solu7 tions in the State or community. 

8 ‘‘(C) PERFORMANCE MEASURES.—An eligi9 ble recipient shall specify, in an application for 

10 a grant under this paragraph, the performance 

11 measures the eligible project will use to quan12 tify actual outcomes against expected outcomes, 

13 including— 

14 ‘‘(i) reduced transportation expendi15 tures as a result of improved coordination; 

16 and 

17 ‘‘(ii) reduced healthcare expenditures 

18 as a result of improved coordination. 

19 ‘‘(D) ELIGIBLE USES.—Eligible recipients 

20 receiving a grant under this section may use 

21 such funds for— 

22 ‘‘(i) the deployment of coordination 

23 technology; 


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1 ‘‘(ii) projects that create or increase 

2 access to community One-Call/One-Click 

3 Centers; 

4 ‘‘(iii) projects that integrate transpor5 tation for 3 or more of— 

6 ‘‘(I) public transportation pro7 vided under this section; 

8 ‘‘(II) a State plan approved 

9 under title XIX of the Social Security 

10 Act (42 U.S.C. 1396 et seq.); 

11 ‘‘(III) title XVIII of the Social 

12 Security Act (42 U.S.C. 1395 et seq.); 

13 ‘‘(IV) Veterans Health Adminis14 tration; or 

15 ‘‘(V) private health care facilities; 

16 and 

17 ‘‘(iv) such other projects as deter18 mined appropriate by the Secretary. 

19 ‘‘(2) INCENTIVE GRANTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary may 

21 make grants under this paragraph to eligible 

22 recipients to incentivize innovative projects for 

23 the transportation disadvantaged that improve 

24 the coordination of transportation services and 

25 non-emergency medical transportation services. 


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1 ‘‘(B) SELECTION OF GRANT RECIPI2 ENTS.—The Secretary shall distribute grant 

3 funds made available to carry out this para4 graph as described in subparagraph (E) to eli5 gible recipients that apply and propose to dem6 onstrate improvement in the metrics described 

7 in subparagraph (F). 

8 ‘‘(C) ELIGIBILITY.—An eligible recipient 

9 shall not be required to have received a grant 

10 under paragraph (1) to be eligible to receive a 

11 grant under this paragraph. 

12 ‘‘(D) APPLICATIONS.—Eligible recipients 

13 shall submit to the Secretary an application 

14 that includes— 

15 ‘‘(i) which metrics under subpara16 graph (F) the eligible recipient intends to 

17 improve; 

18 ‘‘(ii) the performance data eligible re19 cipients and the Federal, State, nonprofit, 

20 and private partners of the eligible recipi21 ent will make available; and 

22 ‘‘(iii) a proposed incentive formula 

23 that makes payments to the eligible recipi24 ent based on the proposed data and 

25 metrics. 


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1 ‘‘(E) DISTRIBUTION.—The Secretary shall 

2 distribute funds made available to carry out 

3 this paragraph based upon the number of grant 

4 applications approved by the Secretary, number 

5 of individuals served by each grant, and the in6 centive formulas approved by the Secretary 

7 using the following metrics: 

8 ‘‘(i) The reduced transportation ex9 penditures as a result of improved coordi10 nation. 

11 ‘‘(ii) The reduced Federal healthcare 

12 expenditures using the metrics described in 

13 subparagraph (F). 

14 ‘‘(iii) The reduced private healthcare 

15 expenditures using the metrics described in 

16 subparagraph (F). 

17 ‘‘(F) HEALTHCARE METRICS.—Healthcare 

18 metrics described in this subparagraph shall 

19 be— 

20 ‘‘(i) reducing missed medical appoint21 ments; 

22 ‘‘(ii) the timely discharge of patients 

23 from hospitals; 

24 ‘‘(iii) reducing readmissions of pa25 tients into hospitals; and 


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1 ‘‘(iv) other measureable healthcare 

2 metrics, as determined appropriate by the 

3 Secretary. 

4 ‘‘(G) ELIGIBLE EXPENDITURES.—The Sec5 retary shall allow the funds distributed by this 

6 grant program to be expended on eligible activi7 ties described in paragraph (1)(D) and any eli8 gible activity under this section that is likely to 

9 improve the metrics described in subparagraph 

10 (F). 

11 ‘‘(H) RECIPIENT CAP.—The Secretary— 

12 ‘‘(i) may not provide more than 20 

13 grants under this paragraph; and 

14 ‘‘(ii) shall reduce the maximum num15 ber of grants under this paragraph to en16 sure projects are fully funded, if necessary. 

17 ‘‘(3) REPORT.—The Secretary shall make pub18 licly available an annual report on the program car19 ried out under this subsection for each fiscal year, 

20 not later than December 31 of the calendar year in 

21 which that fiscal year ends. The report shall include 

22 a detailed description of the activities carried out 

23 under the program, and an evaluation of the pro24 gram, including an evaluation of the performance 

25 measures used by eligible recipients. 


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1 ‘‘(4) FEDERAL SHARE.— 

2 ‘‘(A) IN GENERAL.—The Federal share of 

3 the costs of a project carried out under this 

4 subsection shall not exceed 80 percent. 

5 ‘‘(B) NON-FEDERAL SHARE.—The non6 Federal share of the costs of a project carried 

7 out under this subsection may be derived from 

8 in-kind contributions. 

9 ‘‘(5) RULE OF CONSTRUCTION.—For purposes 

10 of this subsection, nonemergency medical transpor11 tation services shall be limited to services eligible 

12 under Federal programs other than programs au13 thorized under this chapter.’’. 

14 TITLE III—HIGHWAY TRAFFIC 

15 SAFETY 

16 SEC. 3001. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—The following sums are author18 ized to be appropriated out of the Highway Trust Fund 

19 (other than the Mass Transit Account): 

20 (1) HIGHWAY SAFETY PROGRAMS.—For car21 rying out section 402 of title 23, United States 

22 Code— 

23 (A) $378,400,000 for fiscal year 2022; 

24 (B) $382,400,000 for fiscal year 2023; 

25 (C) $386,500,000 for fiscal year 2024; and 


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1 (D) $390,400,000 for fiscal year 2025. 

2 (2) HIGHWAY SAFETY RESEARCH AND DEVEL3 OPMENT.—For carrying out section 403 of title 23, 

4 United States Code— 

5 (A) $182,495,000 for fiscal year 2022; 

6 (B) $184,795,000 for fiscal year 2023; 

7 (C) $187,795,000 for fiscal year 2024; and 

8 (D) $190,695,000 for fiscal year 2025. 

9 (3) NATIONAL PRIORITY SAFETY PROGRAMS.— 

10 For carrying out section 405 of title 23, United 

11 States Code— 

12 (A) $384,119,000 for fiscal year 2022; 

13 (B) $393,205,000 for fiscal year 2023; 

14 (C) $402,205,000 for fiscal year 2024; and 

15 (D) $411,388,000 for fiscal year 2025. 

16 (4) NATIONAL DRIVER REGISTER.—For the Na17 tional Highway Traffic Safety Administration to 

18 carry out chapter 303 of title 49, United States 

19 Code— 

20 (A) $5,700,000 for fiscal year 2022; 

21 (B) $5,800,000 for fiscal year 2023; 

22 (C) $5,900,000 for fiscal year 2024; and 

23 (D) $6,000,000 for fiscal year 2025. 


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1 (5) HIGH-VISIBILITY ENFORCEMENT PRO2 GRAM.—For carrying out section 404 of title 23, 

3 United States Code— 

4 (A) $60,200,000 for fiscal year 2022; 

5 (B) $60,600,000 for fiscal year 2023; 

6 (C) $60,800,000 for fiscal year 2024; and 

7 (D) $61,200,000 for fiscal year 2025. 

8 (6) ADMINISTRATIVE EXPENSES.—For adminis9 trative and related operating expenses of the Na10 tional Highway Traffic Safety Administration in car11 rying out chapter 4 of title 23, United States 

12 Code— 

13 (A) $30,586,000 for fiscal year 2022; 

14 (B) $31,000,000 for fiscal year 2023; 

15 (C) $31,500,000 for fiscal year 2024; and 

16 (D) $31,917,000 for fiscal year 2025. 

17 (b) PROHIBITION ON OTHER USES.—Except as oth18 erwise provided in chapter 4 of title 23, United States 

19 Code, and chapter 303 of title 49, United States Code, 

20 the amounts made available from the Highway Trust 

21 Fund (other than the Mass Transit Account) for a pro22 gram under such chapters— 

23 (1) shall only be used to carry out such pro24 gram; and 


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1 (2) may not be used by States or local govern2 ments for construction purposes. 

3 (c) APPLICABILITY OF TITLE 23.—Except as other4 wise provided in chapter 4 of title 23, United States Code, 

5 and chapter 303 of title 49, United States Code, amounts 

6 made available under subsection (a) for fiscal years 2022 

7 through 2025 shall be available for obligation in the same 

8 manner as if such funds were apportioned under chapter 

9 1 of title 23, United States Code. 

10 (d) REGULATORY AUTHORITY.—Grants awarded 

11 under chapter 4 of title 23, United States Code, including 

12 any amendments made by this title, shall be carried out 

13 in accordance with regulations issued by the Secretary of 

14 Transportation. 

15 (e) STATE MATCHING REQUIREMENTS.—If a grant 

16 awarded under chapter 4 of title 23, United States Code, 

17 requires a State to share in the cost, the aggregate of all 

18 expenditures for highway safety activities made during a 

19 fiscal year by the State and its political subdivisions (ex20 clusive of Federal funds) for carrying out the grant (other 

21 than planning and administration) shall be available for 

22 the purpose of crediting the State during such fiscal year 

23 for the non-Federal share of the cost of any other project 

24 carried out under chapter 4 of title 23, United States Code 

25 (other than planning or administration), without regard 


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1 to whether such expenditures were made in connection 

2 with such project. 

3 (f) GRANT APPLICATION AND DEADLINE.—To re4 ceive a grant under chapter 4 of title 23, United States 

5 Code, a State shall submit an application, and the Sec6 retary of Transportation shall establish a single deadline 

7 for such applications to enable the award of grants early 

8 in the next fiscal year. 

9 SEC. 3002. HIGHWAY SAFETY PROGRAMS. 

10 Section 402 of title 23, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (2)(A)— 

14 (i) in clause (ii) by striking ‘‘occupant 

15 protection devices (including the use of 

16 safety belts and child restraint systems)’’ 

17 and inserting ‘‘safety belts’’; 

18 (ii) in clause (vii) by striking ‘‘; and’’ 

19 and inserting a semicolon; and 

20 (iii) by inserting after clause (viii) the 

21 following: 

22 ‘‘(ix) to encourage more widespread 

23 and proper use of child safety seats (in24 cluding booster seats) with an emphasis on 

25 underserved populations; 


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1 ‘‘(x) to reduce injuries and deaths re2 sulting from drivers of motor vehicles not 

3 moving to another traffic lane or reducing 

4 the speed of such driver’s vehicle when 

5 passing an emergency, law enforcement, or 

6 other vehicle stopped or parked on or near 

7 the roadway; and 

8 ‘‘(xi) to increase driver awareness of 

9 the dangers of leaving an unattended child 

10 or other occupant in a vehicle when there 

11 is a risk of hyperthermia;’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(3) ADDITIONAL CONSIDERATIONS.—States 

14 which have legalized medicinal or recreational mari15 juana shall consider programs in addition to the pro16 grams described in paragraph (2)(A) to educate 

17 drivers on the risks associated with marijuana-im18 paired driving and to reduce injuries and deaths re19 sulting from individuals driving motor vehicles while 

20 impaired by marijuana.’’; 

21 (2) in subsection (c)(4)— 

22 (A) by striking subparagraph (C); 

23 (B) by redesignating subparagraph (B) as 

24 subparagraph (D); and 


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1 (C) by inserting after subparagraph (A) 

2 the following: 

3 ‘‘(B) SPECIAL RULE FOR SCHOOL AND

4 WORK ZONES.—Notwithstanding subparagraph 

5 (A), a State may expend funds apportioned to 

6 that State under this section to carry out a pro7 gram to purchase, operate, or maintain an 

8 automated traffic system in a work zone or 

9 school zone. 

10 ‘‘(C) AUTOMATED TRAFFIC ENFORCEMENT

11 SYSTEM GUIDELINES.—Any automated traffic 

12 enforcement system installed pursuant to sub13 paragraph (B) shall comply with— 

14 ‘‘(i) Speed Enforcement Camera Sys15 tems Operational Guidelines (DOT HS 

16 810 916, March 2008); or 

17 ‘‘(ii) Red Light Camera Systems 

18 Operational Guidelines (FHWA–SA–05– 

19 002, January 2005).’’; and 

20 (3) in subsection (n)— 

21 (A) by striking ‘‘PUBLIC TRANSPARENCY’’ 

22 and all that follows through ‘‘The Secretary’’ 

23 and inserting the following: ‘‘PUBLIC TRANS24 PARENCY.— 

25 ‘‘(1) IN GENERAL.—The Secretary’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(2) STATE HIGHWAY SAFETY PLAN

3 WEBSITE.— 

4 ‘‘(A) IN GENERAL.—In carrying out the 

5 requirements of paragraph (1), the Secretary 

6 shall establish a public website that is easily ac7 cessible, navigable, and searchable for the infor8 mation required under paragraph (1), in order 

9 to foster greater transparency in approved 

10 State highway safety programs. 

11 ‘‘(B) CONTENTS.—The website established 

12 under subparagraph (A) shall— 

13 ‘‘(i) include each State highway safety 

14 plan and annual report submitted and ap15 proved by the Secretary under subsection 

16 (k); 

17 ‘‘(ii) provide a means for the public to 

18 search such website for State highway 

19 safety program content required in sub20 section (k), including— 

21 ‘‘(I) performance measures re22 quired by the Secretary under para23 graph (3)(A); 


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1 ‘‘(II) progress made toward 

2 meeting the State’s performance tar3 gets for the previous year; 

4 ‘‘(III) program areas and ex5 penditures; and 

6 ‘‘(IV) a description of any 

7 sources of funds other than funds pro8 vided under this section that the State 

9 proposes to use to carry out the State 

10 highway safety plan of such State.’’. 

11 SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS. 

12 Section 402 of title 23, United States Code, as 

13 amended by section 3002 of this Act, is further amended 

14 by inserting after subsection (k) the following: 

15 ‘‘(l) TRAFFIC SAFETY ENFORCEMENT GRANTS.— 

16 ‘‘(1) GENERAL AUTHORITY.—Subject to the re17 quirements under this subsection, the Secretary shall 

18 award grants to States for the purpose of carrying 

19 out top-rated traffic safety enforcement counter20 measures to reduce traffic-related injuries and fatali21 ties. 

22 ‘‘(2) COUNTERMEASURE DEFINED.—In this 

23 subsection, the term ‘countermeasure’ means a coun24 termeasure rated 3, 4, or 5 stars in the most recent 

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1 ministration’s Countermeasures That Work highway 

2 safety guide. 

3 ‘‘(3) FUNDING.—Before making any distribu4 tion under this section, the Secretary shall set aside 

5 not more than $35,000,000 of the funds made avail6 able under this section for each fiscal year to be allo7 cated among up to 10 States. 

8 ‘‘(4) SELECTION CRITERIA.—The Secretary 

9 shall select up to 10 applicants based on the fol10 lowing criteria: 

11 ‘‘(A) Geographical diversity. 

12 ‘‘(B) Higher State average of traffic fatali13 ties per vehicle mile traveled. 

14 ‘‘(C) A preference to applications that in15 clude under paragraph (6)(C) the data derived 

16 from law enforcement activities funded by a 

17 State under this section. 

18 ‘‘(5) ELIGIBILITY.—A State may receive a 

19 grant under this subsection in a fiscal year if the 

20 State demonstrates, to the satisfaction of the Sec21 retary, that the State is able to meet the require22 ments in paragraph (6). 

23 ‘‘(6) REQUIREMENTS.—In order to receive 

24 funds, a State must establish an agreement with the 

25 Secretary to— 


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1 ‘‘(A) identify areas with the highest risk of 

2 traffic fatalities and injuries; 

3 ‘‘(B) determine the most effective counter4 measures to implement in those areas, with pri5 ority given to countermeasures rated above 3 

6 stars; and 

7 ‘‘(C) report annual data under uniform re8 porting requirements established by the Sec9 retary, including— 

10 ‘‘(i) traffic citations and arrests; 

11 ‘‘(ii) the increase in traffic safety en12 forcement activity supported by these 

13 funds; and 

14 ‘‘(iii) any other metrics the Secretary 

15 determines appropriate to determine the 

16 success of the grant. 

17 ‘‘(7) USE OF FUNDS.— 

18 ‘‘(A) IN GENERAL.—Grant funds received 

19 by a State under this subsection may be used 

20 for— 

21 ‘‘(i) implementing countermeasures 

22 determined under paragraph (6); and 

23 ‘‘(ii) law enforcement-related ex24 penses, such as officer training, overtime, 

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1 retary determines countermeasures have 

2 been implemented successfully and the Sec3 retary provides approval. 

4 ‘‘(B) BROADCAST AND PRINT MEDIA.—Up 

5 to 5 percent of grant funds received by a State 

6 under this subsection may be used for the de7 velopment, production, and use of broadcast 

8 and print media advertising in carrying out 

9 traffic safety law enforcement efforts under this 

10 subsection. 

11 ‘‘(8) ALLOCATION.—Grant funds allocated to a 

12 State under this subsection for a fiscal year shall be 

13 in proportion to the State’s apportionment under 

14 this section for the fiscal year. 

15 ‘‘(9) MAINTENANCE OF EFFORT.—No grant 

16 may be made to a State in any fiscal year under this 

17 subsection unless the State enters into such an 

18 agreement with the Secretary, as the Secretary may 

19 require, to ensure that the State will maintain its 

20 aggregate expenditures from all State and local 

21 sources for activities described in this subsection at 

22 or above the average level of expenditures in the 2 

23 fiscal years preceding the date of enactment of this 

24 subsection. 


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1 ‘‘(10) ANNUAL EVALUATION AND REPORT TO

2 CONGRESS.—The Secretary shall conduct an annual 

3 evaluation of the effectiveness of grants awarded 

4 under this subsection and shall submit to the Com5 mittee on Transportation and Infrastructure of the 

6 House of Representatives and the Committee on 

7 Commerce, Science, and Transportation of the Sen8 ate an annual report on the effectiveness of the 

9 grants.’’. 

10 SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOP11 MENT. 

12 Section 403 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (b) by inserting ‘‘, training,’’ 

15 after ‘‘demonstration projects’’; 

16 (2) in subsection (f)(1) by striking ‘‘subsection 

17 402(c) in each fiscal year ending before October 1, 

18 2015, and $443,989 of the total amount available 

19 for apportionment to the States for highway safety 

20 programs under section 402(c) in the period begin21 ning on October 1, 2015, and ending on December 

22 4, 2015,’’ and inserting ‘‘section 402(c)(2) in each 

23 fiscal year’’; and 


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1 (3) by striking subsection (h) and redesignating 

2 subsections (i) and (j) as subsections (h) and (i), re3 spectively. 

4 SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL 

5 PROFILING. 

6 Section 403 of title 23, United States Code, as 

7 amended by section 3004 of this Act, is further amended 

8 by adding at the end the following: 

9 ‘‘(j) GRANT PROGRAM TO PROHIBIT RACIAL

10 PROFILING.— 

11 ‘‘(1) GENERAL AUTHORITY.—Subject to the re12 quirements of this subsection, the Secretary shall 

13 make grants to a State that— 

14 ‘‘(A) is maintaining and allows public in15 spection of statistical information for each 

16 motor vehicle stop made by a law enforcement 

17 officer on a Federal-aid highway in the State 

18 regarding the race and ethnicity of the driver; 

19 or 

20 ‘‘(B) provides assurances satisfactory to 

21 the Secretary that the State is undertaking ac22 tivities to comply with the requirements of sub23 paragraph (A). 


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1 ‘‘(2) USE OF GRANT FUNDS.—A grant received 

2 by a State under paragraph (1) shall be used by the 

3 State for the costs of— 

4 ‘‘(A) collecting and maintaining data on 

5 traffic stops; and 

6 ‘‘(B) evaluating the results of such data. 

7 ‘‘(3) LIMITATIONS.— 

8 ‘‘(A) MAXIMUM AMOUNT OF GRANTS.— 

9 The total amount of grants made to a State 

10 under this section in a fiscal year may not ex11 ceed 5 percent of the amount made available to 

12 carry out this section in the fiscal year. 

13 ‘‘(B) ELIGIBILITY.—On or after October 

14 1, 2022, a State may not receive a grant under 

15 paragraph (1)(B) in more than 2 fiscal years. 

16 ‘‘(4) FUNDING.— 

17 ‘‘(A) IN GENERAL.—From funds made 

18 available under this section, the Secretary shall 

19 set aside $7,500,000 for each fiscal year to 

20 carry out this subsection. 

21 ‘‘(B) FEDERAL SHARE.—The Federal 

22 share of the cost of activities carried out using 

23 such funds shall be 80 percent. 

24 ‘‘(C) OTHER USES.—The Secretary may 

25 reallocate, before the last day of any fiscal year, 


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1 amounts remaining available under subpara2 graph (A) to increase the amounts made avail3 able to carry out any other activities authorized 

4 under this section in order to ensure, to the 

5 maximum extent possible, that all such amounts 

6 are obligated during such fiscal year.’’. 

7 SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM. 

8 Section 404 of title 23, United States Code, is 

9 amended— 

10 (1) in subsection (a) by striking ‘‘3 campaigns 

11 will be carried out in each of fiscal years 2016 

12 through 2020’’ and inserting ‘‘6 campaigns will be 

13 carried out in each of fiscal years 2022 through 

14 2025’’; 

15 (2) in subsection (b)— 

16 (A) in paragraph (1) by striking ‘‘or drug17 impaired’’; 

18 (B) in paragraph (2) by inserting ‘‘and 

19 child restraints’’ after ‘‘seatbelts’’; 

20 (C) by redesignating paragraph (2) as 

21 paragraph (3); 

22 (D) by inserting after paragraph (1) the 

23 following: 

24 ‘‘(2) Reduce drug-impaired operation of motor 

25 vehicles.’’; and 


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1 (E) by adding at the end the following: 

2 ‘‘(4) Reduce texting through a personal wireless 

3 communications device by drivers while operating a 

4 motor vehicle. 

5 ‘‘(5) Reduce violations of move over laws of a 

6 State that require motorists to change lanes or slow 

7 down when emergency, law enforcement, or other ve8 hicles are stopped or parked on or next to a road9 way.’’; 

10 (3) by redesignating subsections (e) and (f) as 

11 subsections (g) and (h), respectively; 

12 (4) by inserting after subsection (d) the fol13 lowing: 

14 ‘‘(e) FREQUENCY.—Each campaign administered 

15 under this section shall occur not less than once in each 

16 of fiscal years 2022 through 2025 with the exception of 

17 campaigns to reduce alcohol-impaired operation of motor 

18 vehicles which shall occur not less than twice in each of 

19 fiscal years 2022 through 2025. 

20 ‘‘(f) COORDINATION OF DYNAMIC HIGHWAY MES21 SAGE SIGNS.—During the time a State is carrying out a 

22 campaign, the Secretary shall coordinate with States car23 rying out the campaigns under this section on the use of 

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1 visibility advertising and education efforts associated with 

2 the campaigns.’’; and 

3 (5) in subsection (f)— 

4 (A) by redesignating paragraph (2) as 

5 paragraph (3); 

6 (B) by inserting after paragraph (1) the 

7 following: 

8 ‘‘(2) DYNAMIC HIGHWAY MESSAGE SIGN.—The 

9 term ‘dynamic highway message sign’ means a traf10 fic control device that is capable of displaying one or 

11 more alternative messages which convey information 

12 to occupants of motor vehicles.’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(4) TEXTING.—The term ‘texting’ has the 

15 meaning given such term in section 405(e).’’. 

16 SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS. 

17 Section 405 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1) by striking ‘‘13 per21 cent’’ and inserting ‘‘12.85 percent’’; 

22 (B) in paragraph (2) by striking ‘‘14.5 

23 percent’’ and inserting ‘‘14.3 percent’’; 

24 (C) in paragraph (3) by striking ‘‘52.5 

25 percent’’ and inserting ‘‘51.75 percent’’; 


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1 (D) in paragraph (4) by striking ‘‘8.5 per2 cent’’ and inserting ‘‘8.3 percent’’; 

3 (E) in paragraph (6) by striking ‘‘5 per4 cent’’ and inserting ‘‘4.9 percent’’; 

5 (F) in paragraph (7) by striking ‘‘5 per6 cent’’ and inserting ‘‘4.9 percent’’; 

7 (G) in paragraph (8)— 

8 (i) by striking ‘‘paragraphs (1) 

9 through (7)’’ and inserting ‘‘paragraphs 

10 (1) through (8)’’; 

11 (ii) by striking ‘‘subsection (b) 

12 through (h)’’ and inserting ‘‘subsections 

13 (b) through (i)’’; and 

14 (iii) by inserting ‘‘to carry out any of 

15 the other activities described in such sub16 sections, or the amount made available’’ 

17 before ‘‘under section 402’’; 

18 (H) in paragraph (9)(A) by striking ‘‘date 

19 of enactment of the FAST Act’’ and inserting 

20 ‘‘date of enactment of the INVEST in America 

21 Act’’; 

22 (I) by redesignating paragraphs (8) and 

23 (9) as paragraphs (9) and (10), respectively; 

24 and 


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1 (J) by inserting after paragraph (7) the 

2 following: 

3 ‘‘(8) DRIVER AND OFFICER SAFETY EDU4 CATION.—In each fiscal year, 1.5 percent of the 

5 funds provided under this section shall be allocated 

6 among States that meet the requirements with re7 spect to driver and officer safety education (as de8 scribed in subsection (i)).’’; 

9 (2) by striking subsection (c)(4) and inserting 

10 the following: 

11 ‘‘(4) USE OF GRANT AMOUNTS.—Grant funds 

12 received by a State under this subsection shall be 

13 used for— 

14 ‘‘(A) making data program improvements 

15 to core highway safety databases related to 

16 quantifiable, measurable progress in any of the 

17 6 significant data program attributes set forth 

18 in paragraph (3)(D); 

19 ‘‘(B) developing or acquiring programs to 

20 identify, collect, and report data to State and 

21 local government agencies, and enter data, in22 cluding crash, citation or adjudication, driver, 

23 emergency medical services or injury surveil24 lance system, roadway, and vehicle, into the 

25 core highway safety databases of a State; 


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1 ‘‘(C) purchasing equipment to improve 

2 processes by which data is identified, collected, 

3 and reported to State and local government 

4 agencies; 

5 ‘‘(D) linking core highway safety databases 

6 of a State with such databases of other States 

7 or with other data systems within the State, in8 cluding systems that contain medical, roadway, 

9 and economic data; 

10 ‘‘(E) improving the compatibility and 

11 interoperability of the core highway safety data12 bases of the State with national data systems 

13 and data systems of other States; 

14 ‘‘(F) enhancing the ability of a State and 

15 the Secretary to observe and analyze local, 

16 State, and national trends in crash occurrences, 

17 rates, outcomes, and circumstances; 

18 ‘‘(G) supporting traffic records-related 

19 training and related expenditures for law en20 forcement, emergency medical, judicial, prosecu21 torial, and traffic records professionals; 

22 ‘‘(H) hiring traffic records professionals, 

23 including a Fatality Analysis Reporting System 

24 liaison for a State; and 


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1 ‘‘(I) conducting research on State traffic 

2 safety information systems, including devel3 oping and evaluating programs to improve core 

4 highway safety databases of such State and 

5 processes by which data is identified, collected, 

6 reported to State and local government agen7 cies, and entered into such core safety data8 bases.’’; 

9 (3) by striking subsection (d)(6)(A) and insert10 ing the following: 

11 ‘‘(A) GRANTS TO STATES WITH ALCOHOL12 IGNITION INTERLOCK LAWS.—The Secretary 

13 shall make a separate grant under this sub14 section to each State that— 

15 ‘‘(i) adopts and is enforcing a manda16 tory alcohol-ignition interlock law for all 

17 individuals arrested or convicted of driving 

18 under the influence of alcohol or of driving 

19 while intoxicated; 

20 ‘‘(ii) does not allow any individual ar21 rested or convicted of driving under the in22 fluence of alcohol or driving while intoxi23 cated to drive a motor vehicle unless such 

24 individual installs an ignition interlock for 

25 a minimum 6-month interlock period; or 


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1 ‘‘(iii) has— 

2 ‘‘(I) enacted and is enforcing a 

3 state law requiring all individuals con4 victed of, or whose driving privilege is 

5 revoked or denied for, refusing to sub6 mit to a chemical or other test for the 

7 purpose of determining the presence 

8 or concentration of any intoxicating 

9 substance to install an ignition inter10 lock for a minimum 6-month interlock 

11 period; and 

12 ‘‘(II) a compliance-based removal 

13 program in which an individual ar14 rested or convicted of driving under 

15 the influence of alcohol or driving 

16 while intoxicated shall install an igni17 tion interlock for a minimum 6-month 

18 interlock period and have completed a 

19 minimum consecutive period of not 

20 less than 40 percent of the required 

21 interlock period immediately preceding 

22 the date of release, without a con23 firmed violation of driving under the 

24 influence of alcohol or driving while 

25 intoxicated.’’; 


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1 (4) in subsection (e)— 

2 (A) in paragraph (1) by striking ‘‘para3 graphs (2) and (3)’’ and inserting ‘‘paragraph 

4 (2)’’; 

5 (B) in paragraph (4)— 

6 (i) by striking ‘‘paragraph (2) or (3)’’ 

7 and inserting ‘‘paragraph (3) or (4)’’; 

8 (ii) in subparagraph (A) by striking 

9 ‘‘communications device to contact emer10 gency services’’ and inserting ‘‘communica11 tions device during an emergency to con12 tact emergency services or to prevent in13 jury to persons or property’’; 

14 (iii) in subparagraph (C) by striking 

15 ‘‘; and’’ and inserting a semicolon; 

16 (iv) by redesignating subparagraph 

17 (D) as subparagraph (E); and 

18 (v) by inserting after subparagraph 

19 (C) the following: 

20 ‘‘(D) a driver who uses a personal wireless 

21 communication device for navigation; and’’; 

22 (C) in paragraph (5)(A)(i) by striking 

23 ‘‘texting or using a cell phone while’’ and in24 serting ‘‘distracted’’; 

25 (D) in paragraph (9)— 


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1 (i) by striking subparagraph (B) and 

2 inserting the following: 

3 ‘‘(B) PERSONAL WIRELESS COMMUNICA4 TIONS DEVICE.—The term ‘personal wireless 

5 communications device’ means— 

6 ‘‘(i) until the date on which the Sec7 retary issues a regulation pursuant to 

8 paragraph (8)(A), a device through which 

9 personal services (as such term is defined 

10 in section 332(c)(7)(C)(i) of the Commu11 nications Act of 1934 (47 U.S.C. 

12 332(c)(7)(C)(i)) are transmitted, but not 

13 including the use of such a device as a 

14 global navigation system receiver used for 

15 positioning, emergency notification, or 

16 navigation purposes; and 

17 ‘‘(ii) on and after the date on which 

18 the Secretary issues a regulation pursuant 

19 to paragraph (8)(A), the definition de20 scribed in such regulation.’’; and 

21 (ii) by striking subparagraph (E) and 

22 inserting the following: 

23 ‘‘(E) TEXTING.—The term ‘texting’ 

24 means— 


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1 ‘‘(i) until the date on which the Sec2 retary issues a regulation pursuant to 

3 paragraph (8)(A), reading from or manu4 ally entering data into a personal wireless 

5 communications device, including doing so 

6 for the purpose of SMS texting, emailing, 

7 instant messaging, or engaging in any 

8 other form of electronic data retrieval or 

9 electronic data communication; and 

10 ‘‘(ii) on and after the date on which 

11 the Secretary issues a regulation pursuant 

12 to paragraph (8)(A), the definition de13 scribed in such regulation.’’; 

14 (E) by striking paragraphs (2), (3), (6), 

15 and (8); 

16 (F) by redesignating paragraphs (4) and 

17 (5) as paragraphs (5) and (6), respectively; 

18 (G) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) ALLOCATION.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graphs (B) and (C), the allocation of grant 

23 funds to a State under this subsection for a fis24 cal year shall be in proportion to the State’s apVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 portionment under section 402 for fiscal year 

2 2009. 

3 ‘‘(B) PRIMARY OFFENSE LAWS.—A State 

4 that has enacted and is enforcing a law that 

5 meets the requirements set forth in paragraphs 

6 (3) and (4) as a primary offense shall be allo7 cated 100 percent of the amount calculated 

8 under subparagraph (A). 

9 ‘‘(C) SECONDARY OFFENSE LAWS.—A 

10 State that has enacted and is enforcing a law 

11 that meets the requirements set forth in para12 graphs (3) and (4) as a secondary offense shall 

13 be allocated 50 percent of the amount cal14 culated under subparagraph (A). 

15 ‘‘(3) PROHIBITION ON HANDHELD PERSONAL

16 WIRELESS COMMUNICATION DEVICE USE WHILE

17 DRIVING.—A State law meets the requirements set 

18 forth in this paragraph if the law— 

19 ‘‘(A) prohibits a driver from holding or 

20 using, including texting, a personal wireless 

21 communications device while driving, except for 

22 the use of a personal wireless communications 

23 device— 

24 ‘‘(i) in a hands-free manner or with a 

25 hands-free accessory, or 


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1 ‘‘(ii) to activate or deactivate a fea2 ture or function of the personal wireless 

3 communications device; 

4 ‘‘(B) establishes a fine for a violation of 

5 the law; and 

6 ‘‘(C) does not provide for an exemption 

7 that specifically allows a driver to hold or use 

8 a personal wireless communication device while 

9 stopped in traffic. 

10 ‘‘(4) PROHIBITION ON PERSONAL WIRELESS

11 COMMUNICATION DEVICE USE WHILE DRIVING OR

12 STOPPED IN TRAFFIC.—A State law meets the re13 quirements set forth in this paragraph if the law— 

14 ‘‘(A) prohibits a driver from using a per15 sonal wireless communications device while driv16 ing if the driver is— 

17 ‘‘(i) younger than 18 years of age; or 

18 ‘‘(ii) in the learner’s permit or inter19 mediate license stage described in subpara20 graph (A) or (B) of subsection (g)(2); 

21 ‘‘(B) establishes a fine for a violation of 

22 the law; and 

23 ‘‘(C) does not provide for an exemption 

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1 sonal wireless communication device while 

2 stopped in traffic.’’; and 

3 (H) by inserting after paragraph (7) the 

4 following: 

5 ‘‘(8) RULEMAKING.—Not later than 1 year 

6 after the date of enactment of this paragraph, the 

7 Secretary shall issue such regulations as are nec8 essary to account for diverse State approaches to 

9 combating distracted driving that— 

10 ‘‘(A) defines the terms personal wireless 

11 communications device and texting for the pur12 poses of this subsection; and 

13 ‘‘(B) determines additional permitted ex14 ceptions that are appropriate for a State law 

15 that meets the requirements under paragraph 

16 (3) or (4).’’; 

17 (5) in subsection (g)— 

18 (A) in paragraph (1) by inserting ‘‘sub19 paragraphs (A) and (B) of’’ before ‘‘paragraph 

20 (2)’’; 

21 (B) by striking paragraph (2) and insert22 ing the following: 

23 ‘‘(2) MINIMUM REQUIREMENTS.— 

24 ‘‘(A) TIER 1 STATE.—A State shall be eli25 gible for a grant under this subsection as a Tier 


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1 1 State if such State requires novice drivers 

2 younger than 18 years of age to comply with a 

3 2-stage graduated driver licensing process be4 fore receiving an unrestricted driver’s license 

5 that includes— 

6 ‘‘(i) a learner’s permit stage that— 

7 ‘‘(I) is at least 180 days in dura8 tion; 

9 ‘‘(II) requires that the driver be 

10 accompanied and supervised at all 

11 times; and 

12 ‘‘(III) has a requirement that the 

13 driver obtain at least 40 hours of be14 hind-the-wheel training with a super15 visor; and 

16 ‘‘(ii) an intermediate stage that— 

17 ‘‘(I) commences immediately 

18 after the expiration of the learner’s 

19 permit stage; 

20 ‘‘(II) is at least 180 days in du21 ration; and 

22 ‘‘(III) for the first 180 days of 

23 the intermediate stage, restricts the 

24 driver from— 


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1 ‘‘(aa) driving at night be2 tween the hours of 11:00 p.m. 

3 and at least 4:00 a.m. except— 

4 ‘‘(AA) when a parent, 

5 guardian, driving instructor, 

6 or licensed driver who is at 

7 least 21 years of age is in 

8 the motor vehicle; and 

9 ‘‘(BB) when driving to 

10 and from work, school and 

11 school-related activities, reli12 gious activities, for emer13 gencies, or as a member of 

14 voluntary emergency service; 

15 and 

16 ‘‘(bb) operating a motor ve17 hicle with more than 1 non18 familial passenger younger than 

19 18 years of age, except when a 

20 parent, guardian, driving instruc21 tor, or licensed driver who is at 

22 least 21 years of age is in the 

23 motor vehicle. 

24 ‘‘(B) TIER 2 STATE.—A State shall be eli25 gible for a grant under this subsection as a Tier 


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1 2 State if such State requires novice drivers 

2 younger than 18 years of age to comply with a 

3 2-stage graduated driver licensing process be4 fore receiving an unrestricted driver’s license 

5 that includes— 

6 ‘‘(i) a learner’s permit stage that— 

7 ‘‘(I) is at least 180 days in dura8 tion; 

9 ‘‘(II) requires that the driver be 

10 accompanied and supervised at all 

11 times; and 

12 ‘‘(III) has a requirement that the 

13 driver obtain at least 50 hours of be14 hind-the-wheel training, with at least 

15 10 hours at night, with a supervisor; 

16 and 

17 ‘‘(ii) an intermediate stage that— 

18 ‘‘(I) commences immediately 

19 after the expiration of the learner’s 

20 permit stage; 

21 ‘‘(II) is at least 180 days in du22 ration; and 

23 ‘‘(III) for the first 180 days of 

24 the intermediate stage, restricts the 

25 driver from— 


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1 ‘‘(aa) driving at night be2 tween the hours of 10:00 p.m. 

3 and at least 4:00 a.m. except— 

4 ‘‘(AA) when a parent, 

5 guardian, driving instructor, 

6 or licensed driver who is at 

7 least 21 years of age is in 

8 the motor vehicle; and 

9 ‘‘(BB) when driving to 

10 and from work, school and 

11 school-related activities, reli12 gious activities, for emer13 gencies, or as a member of 

14 voluntary emergency service; 

15 and 

16 ‘‘(bb) operating a motor ve17 hicle with any nonfamilial pas18 senger younger than 18 years of 

19 age, except when a parent, 

20 guardian, driving instructor, or 

21 licensed driver who is at least 21 

22 years of age is in the motor vehi23 cle.’’; 

24 (C) in paragraph (3)— 


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1 (i) in subparagraph (A) by inserting 

2 ‘‘subparagraphs (A) and (B) of’’ before 

3 ‘‘paragraph (2)’’; and 

4 (ii) in subparagraph (B) by inserting 

5 ‘‘subparagraphs (A) and (B) of’’ before 

6 ‘‘paragraph (2)’’ each place such term ap7 pears; and 

8 (D) by striking paragraph (5) and insert9 ing the following: 

10 ‘‘(5) USE OF FUNDS.— 

11 ‘‘(A) TIER 1 STATES.—A Tier 1 State shall 

12 use grant funds provided under this subsection 

13 for— 

14 ‘‘(i) enforcing a 2-stage licensing 

15 process that complies with paragraph (2); 

16 ‘‘(ii) training for law enforcement per17 sonnel and other relevant State agency 

18 personnel relating to the enforcement de19 scribed in clause (i); 

20 ‘‘(iii) publishing relevant educational 

21 materials that pertain directly or indirectly 

22 to the State graduated driver licensing law; 

23 ‘‘(iv) carrying out other administrative 

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1 evant to the State’s 2-stage licensing proc2 ess; or 

3 ‘‘(v) carrying out a teen traffic safety 

4 program described in section 402(m). 

5 ‘‘(B) TIER 2 STATES .—Of the grant funds 

6 made available to a Tier 2 State under this 

7 subsection— 

8 ‘‘(i) 25 percent shall be used for any 

9 activity described in subparagraph (A); 

10 and 

11 ‘‘(ii) 75 percent may be used for any 

12 project or activity eligible under section 

13 402.’’; and 

14 (6) by adding at the end the following: 

15 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.— 

16 ‘‘(1) GENERAL AUTHORITY.—Subject to the re17 quirements under this subsection, the Secretary shall 

18 award grants to— 

19 ‘‘(A) States that enact a commuter safety 

20 education program; and 

21 ‘‘(B) States qualifying under paragraph 

22 (5)(A). 

23 ‘‘(2) FEDERAL SHARE.—The Federal share of 

24 the costs of activities carried out using amounts 


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1 from a grant awarded under this subsection may not 

2 exceed 80 percent. 

3 ‘‘(3) ELIGIBILITY.—To be eligible for a grant 

4 under this subsection, a State shall enact a law or 

5 adopt a program that requires the following: 

6 ‘‘(A) DRIVER EDUCATION AND DRIVING

7 SAFETY COURSES.—Inclusion, in driver edu8 cation and driver safety courses provided to in9 dividuals by educational and motor vehicle 

10 agencies of the State, of instruction and testing 

11 concerning law enforcement practices during 

12 traffic stops, including information on— 

13 ‘‘(i) the role of law enforcement and 

14 the duties and responsibilities of peace offi15 cers; 

16 ‘‘(ii) an individual’s legal rights con17 cerning interactions with peace officers; 

18 ‘‘(iii) best practices for civilians and 

19 peace officers during such interactions; 

20 ‘‘(iv) the consequences for an individ21 ual’s or officer’s failure to comply with 

22 those laws and programs; and 

23 ‘‘(v) how and where to file a com24 plaint against or a compliment on behalf of 

25 a peace officer. 


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1 ‘‘(B) PEACE OFFICER TRAINING PRO2 GRAMS.—Development and implementation of a 

3 training program, including instruction and 

4 testing materials, for peace officers and reserve 

5 law enforcement officers (other than officers 

6 who have received training in a civilian course 

7 described in subparagraph (A)) with respect to 

8 proper interaction with civilians during traffic 

9 stops. 

10 ‘‘(4) GRANT AMOUNT.—The allocation of grant 

11 funds to a State under this subsection for a fiscal 

12 year shall be in proportion to the State’s apportion13 ment under section 402 for fiscal year 2009. 

14 ‘‘(5) SPECIAL RULE FOR CERTAIN STATES.— 

15 ‘‘(A) QUALIFYING STATE.—A State quali16 fies pursuant to this subparagraph if— 

17 ‘‘(i) the Secretary determines such 

18 State has taken meaningful steps toward 

19 the full implementation of a law or pro20 gram described in paragraph (3); 

21 ‘‘(ii) the Secretary determines such 

22 State has established a timetable for the 

23 implementation of such a law or program; 

24 and 


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1 ‘‘(iii) such State has received a grant 

2 pursuant to this subsection for a period of 

3 not more than 5 years. 

4 ‘‘(B) WITHHOLDING.—With respect to a 

5 State that qualifies pursuant to subparagraph 

6 (A), the Secretary shall— 

7 ‘‘(i) withhold 50 percent of the 

8 amount that such State would otherwise 

9 receive if such State were a State described 

10 in paragraph (1)(A); and 

11 ‘‘(ii) direct any such amounts for dis12 tribution among the States that are enforc13 ing and carrying out a law or program de14 scribed in paragraph (3). 

15 ‘‘(6) USE OF GRANT AMOUNTS.—A State re16 ceiving a grant under this subsection may use such 

17 grant— 

18 ‘‘(A) for the production of educational ma19 terials and training of staff for driver education 

20 and driving safety courses and peace officer 

21 training described in paragraph (3); and 

22 ‘‘(B) for the implementation of the law de23 scribed in paragraph (3).’’. 


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1 SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

2 FOR DRIVING WHILE INTOXICATED OR DRIV3 ING UNDER THE INFLUENCE. 

4 Section 164(b)(1) of title 23, United States Code, is 

5 amended— 

6 (1) in subparagraph (A) by striking ‘‘alcohol7 impaired’’ and inserting ‘‘alcohol or polysubstance8 impaired’’; and 

9 (2) in subparagraph (B)— 

10 (A) by striking ‘‘alcohol-impaired’’ and in11 serting ‘‘alcohol or polysubstance-impaired’’; 

12 (B) by striking ‘‘or’’ and inserting a 

13 comma; and 

14 (C) by inserting ‘‘, or driving while 

15 polysubstance-impaired’’ after ‘‘driving under 

16 the influence’’. 

17 SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT 

18 ELIGIBILITY. 

19 Section 4010(2) of the FAST Act (23 U.S.C. 405 

20 note) is amended by striking ‘‘deficiencies’’ and inserting 

21 ‘‘all deficiencies’’. 


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1 TITLE IV—MOTOR CARRIER 

2 SAFETY 

3 Subtitle A—Motor Carrier Safety 

4 Grants, Operations, and Programs 

5 SEC. 4101. MOTOR CARRIER SAFETY GRANTS. 

6 Section 31104 of title 49, United States Code, is 

7 amended— 

8 (1) by striking subsection (a) and inserting the 

9 following: 

10 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—The fol11 lowing sums are authorized to be appropriated from the 

12 Highway Trust Fund (other than the Mass Transit Ac13 count): 

14 ‘‘(1) MOTOR CARRIER SAFETY ASSISTANCE PRO15 GRAM.—Subject to paragraph (2) and subsection (c), 

16 to carry out section 31102 (except subsection (l))— 

17 ‘‘(A) $388,950,000 for fiscal year 2022; 

18 ‘‘(B) $398,700,000 for fiscal year 2023; 

19 ‘‘(C) $408,900,000 for fiscal year 2024; 

20 and 

21 ‘‘(D) $418,425,000 for fiscal year 2025. 

22 ‘‘(2) HIGH PRIORITY ACTIVITIES PROGRAM.— 

23 Subject to subsection (c), to carry out section 

24 31102(l)— 

25 ‘‘(A) $72,604,000 for fiscal year 2022; 


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1 ‘‘(B) $74,424,000 for fiscal year 2023; 

2 ‘‘(C) $76,328,000 for fiscal year 2024; and 

3 ‘‘(D) $78,106,000 for fiscal year 2025. 

4 ‘‘(3) COMMERCIAL MOTOR VEHICLE OPERATORS

5 GRANT PROGRAM.—To carry out section 31103— 

6 ‘‘(A) $1,037,200 for fiscal year 2022; 

7 ‘‘(B) $1,063,200 for fiscal year 2023; 

8 ‘‘(C) $1,090,400 for fiscal year 2024; and 

9 ‘‘(D) $1,115,800 for fiscal year 2025. 

10 ‘‘(4) COMMERCIAL DRIVER’S LICENSE PROGRAM

11 IMPLEMENTATION PROGRAM.—Subject to subsection 

12 (c), to carry out section 31313— 

13 ‘‘(A) $56,008,800 for fiscal year 2022; 

14 ‘‘(B) $57,412,800 for fiscal year 2023; 

15 ‘‘(C) $58,881,600 for fiscal year 2024; and 

16 ‘‘(D) $60,253,200 for fiscal year 2025.’’; 

17 (2) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) PARTNER TRAINING AND PROGRAM SUPPORT.— 

20 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

21 year, or as soon after that date as practicable, the 

22 Secretary may deduct from amounts made available 

23 under paragraphs (1), (2), and (4) of subsection (a) 

24 for that fiscal year not more than 1.50 percent of 


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1 those amounts for partner training and program 

2 support in that fiscal year. 

3 ‘‘(2) USE OF FUNDS.—The Secretary shall use 

4 at least 75 percent of the amounts deducted under 

5 paragraph (1) on training and related training mate6 rials for non-Federal Government employees. 

7 ‘‘(3) PARTNERSHIP.—The Secretary shall carry 

8 out the training and development of materials pursu9 ant to paragraph (2) in partnership with one or 

10 more nonprofit organizations, selected on a competi11 tive basis, that have— 

12 ‘‘(A) expertise in conducting a training 

13 program for non-Federal Government employ14 ees; and 

15 ‘‘(B) a demonstrated ability to involve in a 

16 training program the target population of com17 mercial motor vehicle safety enforcement em18 ployees.’’; 

19 (3) in subsection (f)— 

20 (A) in paragraph (1) by striking ‘‘the next 

21 fiscal year’’ and inserting ‘‘the following 2 fiscal 

22 years’’; 

23 (B) in paragraph (2) by striking ‘‘the next 

24 2 fiscal years’’ and inserting ‘‘the following 3 

25 fiscal years’’; and 


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1 (C) in paragraph (3) by striking ‘‘the next 

2 4 fiscal years’’ and inserting ‘‘the following 5 

3 fiscal years’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(j) TREATMENT OF REALLOCATIONS.—Amounts 

6 that are obligated and subsequently, after the date of en7 actment of this subsection, released back to the Secretary 

8 under subsection (i) shall not be subject to limitations on 

9 obligations provided under any other provision of law.’’. 

10 SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND 

11 PROGRAMS. 

12 (a) IN GENERAL.—Section 31110 of title 49, United 

13 States Code, is amended by striking subsection (a) and 

14 inserting the following: 

15 ‘‘(a) ADMINISTRATIVE EXPENSES.—There is author16 ized to be appropriated from the Highway Trust Fund 

17 (other than the Mass Transit Account) for the Secretary 

18 of Transportation to pay administrative expenses of the 

19 Federal Motor Carrier Safety Administration— 

20 ‘‘(1) $380,500,000 for fiscal year 2022; 

21 ‘‘(2) $381,500,000 for fiscal year 2023; 

22 ‘‘(3) $382,500,000 for fiscal year 2024; and 

23 ‘‘(4) $384,500,000 for fiscal year 2025.’’. 

24 (b) ADMINISTRATIVE EXPENSES.— 


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1 (1) USE OF FUNDS.—The Administrator of the 

2 Federal Motor Carrier Safety Administration shall 

3 use funds made available in subsection (a) for— 

4 (A) acceleration of planned investments to 

5 modernize the Administration’s information 

6 technology and information management sys7 tems; 

8 (B) completing outstanding mandates; 

9 (C) carrying out a Large Truck Crash 

10 Causal Factors Study of the Administration; 

11 (D) construction and maintenance of bor12 der facilities; and 

13 (E) other activities authorized under sec14 tion 31110(b) of title 49, United States Code. 

15 (2) DEFINITION OF OUTSTANDING MANDATE.— 

16 In this subsection, the term ‘‘outstanding mandate’’ 

17 means a requirement for the Federal Motor Carrier 

18 Safety Administration to issue regulations, under19 take a comprehensive review or study, conduct a 

20 safety assessment, or collect data— 

21 (A) under this Act; 

22 (B) under MAP–21 (Public Law 112– 

23 141), that has not been published in the Fed24 eral Register, if required, or otherwise com25 pleted as of the date of enactment of this Act; 


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1 (C) under the FAST Act (Public Law 

2 114–94), that has not been published in the 

3 Federal Register, if required, or otherwise com4 pleted as the of the date of enactment of this 

5 Act; and 

6 (D) under any other Act enacted before 

7 the date of enactment of this Act that has not 

8 been published in the Federal Register by the 

9 date required in such Act. 

10 Subtitle B—Motor Carrier Safety 

11 Oversight 

12 SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COM13 MITTEE. 

14 Section 4144 of SAFETEA–LU (49 U.S.C. 31100 

15 note) is amended— 

16 (1) in subsection (b)(1) by inserting ‘‘, includ17 ing small business motor carriers’’ after ‘‘industry’’; 

18 and 

19 (2) in subsection (d) by striking ‘‘September 

20 30, 2013’’ and inserting ‘‘September 30, 2025’’. 

21 SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary of Transpor24 tation shall implement a revised methodology to be used 

25 in the Compliance, Safety, Accountability program of the 


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1 Federal Motor Carrier Safety Administration to identify 

2 and prioritize motor carriers for intervention, using the 

3 recommendations of the study required by section 5221(a) 

4 of the FAST Act (49 U.S.C. 31100 note). 

5 (b) DATA AVAILABILITY.—The Secretary shall, in 

6 working toward implementation of the revised method7 ology described in subsection (a)— 

8 (1) prioritize revisions necessary to restore the 

9 public availability of all relevant safety data under a 

10 revised methodology; and 

11 (2) make such safety data publicly available 

12 that was made publicly available on the day before 

13 the date of enactment of the FAST Act, and make 

14 publicly available any safety data that was required 

15 to be made available by section 5223 of the FAST 

16 Act (49 U.S.C. 31100 note). 

17 (c) IMPLEMENTATION.— 

18 (1) PROGRESS REPORTS.—Not later than 30 

19 days after the date of enactment of this Act, and 

20 every 90 days thereafter until the date on which the 

21 Secretary implements the revised methodology de22 scribed in subsection (a), the Secretary shall submit 

23 to the Committee on Transportation and Infrastruc24 ture of the House of Representatives and the Com25 mittee on Commerce, Science, and Transportation of 


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1 the Senate, and make publicly available on a website 

2 of the Department of Transportation, a progress re3 port on— 

4 (A) the status of the revision of the meth5 odology and related data modifications under 

6 subsection (a), a timeline for completion of such 

7 revision, and an estimated date for implementa8 tion of such revised methodology; 

9 (B) an explanation for any delays in devel10 opment or implementation of the revised meth11 odology over the reporting period; and 

12 (C) if the Secretary has not resumed mak13 ing publicly available the data described in sub14 section (b), an updated timeline for the restora15 tion of the public availability of data and a de16 tailed explanation for why such restoration has 

17 not occurred. 

18 (2) PUBLICATION AND NOTIFICATION.—Prior 

19 to commencing the use of the revised methodology 

20 described in subsection (a) to identify and prioritize 

21 motor carriers for intervention (other than in a test22 ing capacity), the Secretary shall— 

23 (A) publish the methodology in the Federal 

24 Register and provide a period for public com25 ment; and 


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1 (B) notify the Committee on Transpor2 tation and Infrastructure of the House of Rep3 resentatives and the Committee on Commerce, 

4 Science, and Transportation of the Senate, in 

5 writing. 

6 (d) SAFETY FITNESS RULE.— 

7 (1) RULEMAKING.—Not later than 1 year after 

8 the date on which the Secretary notifies Congress 

9 under subsection (c)(2), the Secretary shall issue 

10 final regulations pursuant to section 31144(b) of 

11 title 49, United States Code, to revise the method12 ology for issuance of motor carrier safety fitness de13 terminations. 

14 (2) CONSIDERATIONS.—In issuing the regula15 tions under paragraph (1), the Secretary shall con16 sider the use of all available data to determine the 

17 fitness of a motor carrier. 

18 (e) REPEAL.—Section 5223 of the FAST Act (49 

19 U.S.C. 31100 note), and the item related to such section 

20 in the table of contents in section 1(b) of such Act, are 

21 repealed. 

22 SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS. 

23 Section 31315 of title 49, United States Code, is 

24 amended— 

25 (1) in subsection (b)— 


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1 (A) in paragraph (4)(A) by inserting ‘‘, in2 cluding data submission requirements,’’ after 

3 ‘‘terms and conditions’’; and 

4 (B) by striking paragraph (8) and insert5 ing the following: 

6 ‘‘(8) TERMS AND CONDITIONS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 establish terms and conditions for each exemp9 tion to ensure that the exemption does not de10 grade the level of safety achieved by the person 

11 or class of persons granted the exemption, in12 cluding— 

13 ‘‘(i) requiring the regular submission 

14 of accident and incident data to the Sec15 retary; 

16 ‘‘(ii) requiring immediate notification 

17 to the Secretary in the event of a fatal ac18 cident; and 

19 ‘‘(iii) for exemptions granted by the 

20 Secretary related to hours of service rules 

21 under part 395 of title 49, Code of Federal 

22 Regulations, requiring that the exempt 

23 person or class of persons submit to the 

24 Secretary evidence of participation in a 

25 recognized fatigue management plan. 


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1 ‘‘(B) IMPLEMENTATION.—The Secretary 

2 shall monitor the implementation of the exemp3 tion to ensure compliance with its terms and 

4 conditions.’’; and 

5 (2) in subsection (e) by inserting ‘‘, based on an 

6 analysis of data collected by the Secretary and sub7 mitted to the Secretary under subsection (b)(8)’’ 

8 after ‘‘safety’’. 

9 SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PAS10 SENGERS. 

11 Section 31144(i) of title 49, United States Code, is 

12 amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A) by striking ‘‘who 

15 the Secretary registers under section 13902 or 

16 31134’’; and 

17 (B) in subparagraph (B) by inserting ‘‘to 

18 motor carriers of passengers and’’ after 

19 ‘‘apply’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(5) MOTOR CARRIER OF PASSENGERS DE22 FINED.—In this subsection, the term ‘motor carrier 

23 of passengers’ includes an offeror of motorcoach 

24 services that sells scheduled transportation of pas25 sengers for compensation at fares and on schedules 


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1 and routes determined by such offeror, regardless of 

2 ownership or control of the vehicles or drivers used 

3 to provide the transportation by motorcoach.’’. 

4 Subtitle C—Commercial Motor 

5 Vehicle Driver Safety 

6 SEC. 4301. COMMERCIAL DRIVERS LICENSE FOR PAS7 SENGER CARRIERS. 

8 Section 31301(4)(B) of title 49, United States Code, 

9 is amended to read as follows: 

10 ‘‘(B) is designed or used to transport— 

11 ‘‘(i) more than 8 passengers (includ12 ing the driver) for compensation; or 

13 ‘‘(ii) more than 15 passengers (includ14 ing the driver), whether or not the trans15 portation is provided for compensation; 

16 or’’. 

17 SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TEST18 ING. 

19 Section 31306(c)(2) of title 49, United States Code, 

20 is amended by striking ‘‘, for urine testing,’’. 

21 SEC. 4303. ENTRY-LEVEL DRIVER TRAINING. 

22 Not later than January 1, 2021, and every 90 days 

23 thereafter until the compliance date for the final rule pub24 lished on December 8, 2016, titled ‘‘Minimum Training 

25 Requirements for Entry-Level Commercial Motor Vehicle 


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1 Operators’’ (81 Fed. Reg. 88732), the Secretary shall sub2 mit to the Committee on Transportation and Infrastruc3 ture of the House of Representatives and the Committee 

4 on Commerce, Science, and Transportation of the Senate 

5 a report on— 

6 (1) a schedule, including benchmarks, to com7 plete implementation of the requirements under such 

8 final rule; 

9 (2) any anticipated delays, if applicable, in 

10 meeting the benchmarks described in paragraph (1); 

11 (3) the progress that the Secretary has made in 

12 updating the Department of Transportation’s infor13 mation technology infrastructure to support the 

14 training provider registry; 

15 (4) a list of States that have adopted laws or 

16 regulations to implement such final rule; and 

17 (5) a list of States, if applicable, that are imple18 menting the rule and confirming that an applicant 

19 for a Commercial Drivers License has complied with 

20 the requirements. 

21 SEC. 4304. DRIVER DETENTION TIME. 

22 (a) DATA COLLECTION.—Not later than 30 days 

23 after the date of enactment of this Act, the Secretary 

24 shall— 


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1 (1) begin to collect data on delays experienced 

2 by operators of commercial motor vehicles, as re3 quired under section 5501 of the FAST Act (49 

4 U.S.C. 14103 note) and as referenced in the request 

5 for information published on June 10, 2019, titled 

6 ‘‘Request for Information Concerning Commercial 

7 Motor Vehicle Driver Detention Times During Load8 ing and Unloading’’ (84 Fed. Reg. 26932); and 

9 (2) make such data available on a publicly ac10 cessible website of the Department of Transpor11 tation. 

12 (b) DETENTION TIME LIMITS.— 

13 (1) RULEMAKING.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary 

15 shall initiate a rulemaking to establish limits on the 

16 amount of time that an operator of a commercial 

17 motor vehicle may be reasonably detained by a ship18 per or receiver before the loading or unloading the 

19 vehicle, if the operator is not compensated for such 

20 time detained. 

21 (2) CONTENTS.—As part of the rulemaking 

22 conducted pursuant to subsection (a), the Secretary 

23 shall— 


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1 (A) consider the diverse nature of oper2 ations in the movement of goods by commercial 

3 motor vehicle; 

4 (B) examine any correlation between time 

5 detained and violations of the hours-of-service 

6 rules under part 395 of title 49, Code of Fed7 eral Regulations; 

8 (C) determine whether the effect of deten9 tion time on safety differs based on— 

10 (i) how an operator is compensated; 

11 and 

12 (ii) the contractual relationship be13 tween the operator and the motor carrier, 

14 including whether an operator is an em15 ployee, a leased owner-operator, or an 

16 owner-operator with independent authority; 

17 and 

18 (D) establish a process for a motor carrier, 

19 shipper, receiver, broker, or commercial motor 

20 vehicle operator to report instances of time de21 tained beyond the Secretary’s established limits. 

22 (3) INCORPORATION OF INFORMATION.—The 

23 Secretary shall incorporate information received 

24 under paragraph (2)(D) into the process established 


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1 pursuant to subsection (a) once a final rule takes ef2 fect. 

3 (c) DATA PROTECTION.—Data made available pursu4 ant to this section shall be made available in a manner 

5 that— 

6 (1) precludes the connection of the data to any 

7 individual motor carrier or commercial motor vehicle 

8 operator; and 

9 (2) protects privacy and confidentiality of indi10 viduals, operators, and motor carriers submitting the 

11 data. 

12 (d) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

13 this section, the term ‘‘commercial motor vehicle’’ has the 

14 meaning given such term in section 31101 of title 49, 

15 United States Code. 

16 SEC. 4305. TRUCK LEASING TASK FORCE. 

17 (a) ESTABLISHMENT.—Not later than 6 months after 

18 the date of enactment of this Act, the Secretary of Trans19 portation, in consultation with the Secretary of Labor, 

20 shall establish a Truck Leasing Task Force (hereinafter 

21 referred to as the ‘‘Task Force’’). 

22 (b) MEMBERSHIP.—The Secretary of Transportation 

23 shall select not more than 15 individuals to serve as mem24 bers of the Task Force, including equal representation 

25 from each of the following: 


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1 (1) Labor organizations. 

2 (2) The motor carrier industry, including inde3 pendent owner-operators. 

4 (3) Consumer protection groups. 

5 (4) Safety groups. 

6 (5) Members of the legal profession who spe7 cialize in consumer finance issues. 

8 (c) DUTIES.—The Task Force shall examine, at a 

9 minimum— 

10 (1) common truck leasing arrangements avail11 able to commercial motor vehicle drivers, including 

12 lease-purchase agreements; 

13 (2) the terms of such leasing agreements; 

14 (3) the prevalence of predatory leasing agree15 ments in the motor carrier industry; 

16 (4) specific agreements available to drayage 

17 drivers at ports related to the Clean Truck Program 

18 or similar programs to decrease emissions from port 

19 operations; 

20 (5) the impact of truck leasing agreements on 

21 the net compensation of commercial motor vehicle 

22 drivers, including port drayage drivers; 

23 (6) resources to assist commercial motor vehicle 

24 drivers in assessing the impacts of leasing agree25 ments; and 


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1 (7) the classification of commercial motor vehi2 cle drivers under lease-purchase agreements. 

3 (d) COMPENSATION.—A member of the Task Force 

4 shall serve without compensation. 

5 (e) REPORT.—Upon completion of the examination 

6 described in subsection (c), the Task Force shall submit 

7 to the Secretary of Transportation, Secretary of Labor, 

8 and appropriate congressional committees a report con9 taining the following: 

10 (1) the findings of the Task Force on the mat11 ters described in subsection (c); 

12 (2) best practices related to— 

13 (A) assisting a commercial motor vehicle 

14 driver in assessing the impacts of leasing agree15 ments prior to entering into such agreements; 

16 and 

17 (B) assisting a commercial motor vehicle 

18 driver who has entered into a predatory lease 

19 agreement; and 

20 (3) recommendations on changes to laws or reg21 ulations, as applicable, at the Federal, State, or local 

22 level to promote fair leasing agreements under which 

23 a commercial motor vehicle driver is able to earn a 

24 living wage. 


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1 (f) TERMINATION.—Not later than 1 month after the 

2 date of submission of the report pursuant to subsection 

3 (e), the Task Force shall terminate. 

4 SEC. 4306. HOURS OF SERVICE. 

5 (a) AUTHORITY TO ISSUE REGULATIONS.—Notwith6 standing the authority of the Secretary of Transportation 

7 to issue regulations under section 31502 of title 49, 

8 United States Code, the Secretary shall delay the effective 

9 date of the final rule published on June 1, 2020, titled 

10 ‘‘Hours of Service of Drivers’’ (85 Fed. Reg. 33396) until 

11 60 days after the date on which the Secretary submits 

12 the report required under subsection (c). 

13 (b) COMPREHENSIVE REVIEW.— 

14 (1) COMPREHENSIVE REVIEW OF HOURS OF

15 SERVICE RULES.—Not later than 60 days after the 

16 date of enactment of this Act, the Secretary shall 

17 initiate a comprehensive review of hours of service 

18 rules and the impacts of waivers, exemptions, and 

19 other allowances that limit the applicability of such 

20 rules. 

21 (2) LIST OF EXEMPTIONS.—In carrying out the 

22 comprehensive review required under paragraph (1), 

23 the Secretary shall— 

24 (A) compile a list of waivers, exemptions, 

25 and other allowances— 


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1 (i) under which a driver may operate 

2 in excess of the otherwise applicable limits 

3 on on-duty or driving time in absence of 

4 such exemption, waiver, or other allowance; 

5 (ii) under which a driver may operate 

6 without recording compliance with hours of 

7 service rules through the use of an elec8 tronic logging device; and 

9 (iii) applicable— 

10 (I) to specific segments of the 

11 motor carrier industry or sectors of 

12 the economy; 

13 (II) on a periodic or seasonal 

14 basis; and 

15 (III) to specific types of oper16 ations, including the short haul ex17 emption under part 395 of title 49, 

18 Code of Federal Regulations; 

19 (B) specify whether each such waiver, ex20 emption, or other allowance was granted by the 

21 Department of Transportation or enacted by 

22 Congress, and how long such waiver, exemption, 

23 or other allowance has been in effect; and 

24 (C) estimate the number of motor carriers, 

25 motor private carriers, and drivers that may 


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1 qualify to use each waiver, exemption, or other 

2 allowance. 

3 (3) SAFETY IMPACT ANALYSIS.— 

4 (A) IN GENERAL.—In carrying out the 

5 comprehensive review under paragraph (1), the 

6 Secretary, in consultation with State motor car7 rier enforcement entities, shall undertake a sta8 tistically valid analysis to determine the safety 

9 impact, including on enforcement, of the exemp10 tions, waivers, or other allowances compiled 

11 under paragraph (2) by— 

12 (i) using available data, or collecting 

13 from motor carriers or motor private car14 riers and drivers operating under an ex15 emption, waiver, or other allowance if the 

16 Secretary does not have sufficient data, to 

17 determine the incidence of accidents, fa18 tigue-related incidents, and other relevant 

19 safety information related to hours of serv20 ice among motor carriers, private motor 

21 carriers, and drivers permitted to operate 

22 under each exemption, waiver, or other al23 lowance; 

24 (ii) comparing the data described in 

25 subparagraph (A) to safety data from 


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1 motor carriers, motor private carriers, and 

2 drivers that are subject to the hours of 

3 service rules and not operating under an 

4 exemption, waiver, or other allowance; and 

5 (iii) based on the comparison under 

6 subparagraph (B), determining whether 

7 waivers, exemptions, and other allowances 

8 in effect provide an equivalent level of safe9 ty as would exist in the absence of exemp10 tions, waivers, or other allowances. 

11 (B) CONSULTATION.—The Secretary shall 

12 consult with State motor carrier enforcement 

13 entities in carrying out this paragraph. 

14 (C) EXCLUSIONS.—The Secretary shall ex15 clude data related to exemptions, waivers, or 

16 other allowances made pursuant to an emer17 gency declaration under section 390.23 of title 

18 49, Code of Federal Regulations, or extended 

19 under section 390.25 of title 49, Code of Fed20 eral Regulations, from the analysis required 

21 under this paragraph. 

22 (4) DRIVER IMPACT ANALYSIS.—In carrying out 

23 the comprehensive review under paragraph (1), the 

24 Secretary shall further consider— 


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1 (A) data on driver detention collected by 

2 the Secretary pursuant to section 4304 of this 

3 Act and other conditions affecting the move4 ment of goods by commercial motor vehicle, and 

5 how such conditions interact with the Sec6 retary’s regulations on hours of service; 

7 (B) whether exemptions, waivers, or other 

8 allowances that permit additional on-duty time 

9 or driving time have a deleterious effect on the 

10 physical condition of drivers; and 

11 (C) whether differences in the manner in 

12 which drivers are compensated result in dif13 ferent levels of burden for drivers in complying 

14 with hours of service rules. 

15 (c) PUBLICATION.—Not later than 18 months after 

16 the date that the Secretary initiates the comprehensive re17 view under subsection (b)(1), the Secretary shall publish 

18 the findings of such review in the Federal Register and 

19 provide for a period for public comment. 

20 (d) REPORT TO CONGRESS.—Not later than 30 days 

21 after the conclusion of the public comment period under 

22 subsection (c), the Secretary shall submit to the Com23 mittee on Commerce, Science, and Transportation and the 

24 Committee on Environment and Public Works of the Sen25 ate and the Committee on Transportation and InfrastrucVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 ture of the House of Representatives and make publicly 

2 available on a website of the Department of Transpor3 tation a report containing the information and analyses 

4 required under subsection (b). 

5 (e) REVISION OF GUIDANCE.—Notwithstanding sub6 section (a), the Secretary shall revise the Department of 

7 Transportation guidance published on June 7, 2018, titled 

8 ‘‘Hours of Service of Drivers of Commercial Motor Vehi9 cles: Regulatory Guidance Concerning the Use of a Com10 mercial Motor Vehicle for Personal Conveyance’’ (83 Fed. 

11 Reg. 26377) to establish specific mileage or time limits, 

12 or both, for the use of personal conveyance. 

13 (f) DEFINITIONS.—In this section: 

14 (1) MOTOR CARRIER; MOTOR PRIVATE CAR15 RIER.—The terms ‘‘motor carrier’’ and ‘‘motor pri16 vate carrier’’ have the meanings given such terms in 

17 section 31501 of title 49, United States Code. 

18 (2) ON-DUTY TIME; DRIVING TIME; ELEC19 TRONIC LOGGING DEVICE.—The terms ‘‘on-duty 

20 time’’, ‘‘driving time’’, and ‘‘electronic logging de21 vice’’ have the meanings given such terms in section 

22 395.2 of title 49, Code of Federal Regulations (as 

23 in effect on June 1, 2020). 


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1 SEC. 4307. DRIVER RECRUITMENT. 

2 (a) IN GENERAL.—Not later than 1 year after the 

3 date of enactment of this Act, the Inspector General of 

4 the Department of Transportation shall submit to the 

5 Committee on Transportation and Infrastructure of the 

6 House of Representatives and the Committee on Com7 merce, Science, and Transportation of the Senate a report 

8 examining the operation of commercial motor vehicles in 

9 the United States by drivers admitted to the United States 

10 under temporary business visas. 

11 (b) CONTENTS.—The report under paragraph (1) 

12 shall include— 

13 (1) an assessment of— 

14 (A) the prevalence of the operation of com15 mercial motor vehicles in the United States by 

16 drivers admitted to the United States under 

17 temporary business visas; 

18 (B) the characteristics of motor carriers 

19 that recruit and use such drivers, including the 

20 country of domicile of the motor carrier or sub21 sidiary; 

22 (C) the demographics of drivers operating 

23 in the United States under such visas, including 

24 the country of domicile of such drivers; and 

25 (D) the contractual relationship between 

26 such motor carriers and such drivers; 


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1 (2) an analysis of whether such drivers are re2 quired to comply with— 

3 (A) motor carrier safety regulations under 

4 subchapter B of chapter III of title 49, Code of 

5 Federal Regulations, including— 

6 (i) the English proficiency require7 ment under section 391.11(2) of title 49, 

8 Code of Federal Regulations; 

9 (ii) the requirement for drivers of a 

10 motor carrier to report any violations of a 

11 regulation to such motor carrier under sec12 tion 391.27 of title 49, Code of Federal 

13 Regulations; and 

14 (iii) drivers licensing requirements 

15 under part 383 of title 49, Code of Federal 

16 Regulations, including entry level driver 

17 training and drug and alcohol testing 

18 under part 382 of such title; and 

19 (B) regulations prohibiting point-to-point 

20 transportation in the United States, or cabo21 tage, under part 365 of title 49, Code of Fed22 eral Regulations; 

23 (3) an evaluation of the safety record of the op24 erations and drivers described in paragraph (1), in25 cluding— 


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1 (A) violations of the motor carrier safety 

2 regulations under subchapter B of chapter III 

3 of title 49, Code of Federal Regulations, includ4 ing applicable requirements described in para5 graph (2)(A); and 

6 (B) the number of crashes involving such 

7 operations and drivers; and 

8 (4) the impact of such operations and drivers 

9 on— 

10 (A) commercial motor vehicle drivers domi11 ciled in the United States, including employ12 ment levels and driver compensation of such 

13 drivers; and 

14 (B) the competitiveness of motor carriers 

15 domiciled in the United States. 

16 (c) DEFINITIONS.—In this section: 

17 (1) COMMERCIAL MOTOR VEHICLE.—In this 

18 section, the term ‘‘commercial motor vehicle’’ has 

19 the meaning given such term in section 31101 of 

20 title 49, United States Code. 

21 (2) TEMPORARY BUSINESS VISA.—The term 

22 ‘‘temporary business visa’’ means any driver who is 

23 present in the United States with status under sec24 tion 101(a)(15)(H)(i)(b) of the Immigration and 

25 Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)). 


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1 Subtitle D—Commercial Motor 

2 Vehicle and School Bus Safety 

3 SEC. 4401. SCHOOL BUS SAFETY STANDARDS. 

4 (a) SCHOOL BUS SEAT BELTS.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary 

7 shall issue a notice of proposed rulemaking to con8 sider requiring large school buses to be equipped 

9 with safety belts for all seating positions, if the Sec10 retary determines that such standards meet the re11 quirements and considerations set forth in sub12 sections (a) and (b) of section 30111 of title 49, 

13 United States Code. 

14 (2) CONSIDERATIONS.—In issuing a notice of 

15 proposed rulemaking under paragraph (1), the Sec16 retary shall consider— 

17 (A) the safety benefits of a lap/shoulder 

18 belt system (also known as a ‘‘Type 2 seat belt 

19 assembly’’); 

20 (B) the recommendations of the National 

21 Transportation Safety Board on seat belts in 

22 school buses; and 

23 (C) existing experience from States that 

24 require school buses to be equipped with seat 

25 belts, including Type 2 seat belt assembly. 


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1 (3) REPORT.—If the Secretary determines that 

2 a standard described in paragraph (1) does not meet 

3 the requirements and considerations set forth in sub4 sections (a) and (b) of section 30111 of title 49, 

5 United States Code, the Secretary shall submit to 

6 the Committee on Transportation and Infrastructure 

7 of the House of Representatives and the Committee 

8 on Commerce, Science, and Transportation of the 

9 Senate a report that describes the reasons for not 

10 prescribing such a standard. 

11 (4) APPLICATION OF REGULATIONS.—Any regu12 lation issued based on the notice of proposed rule13 making described in paragraph (1) shall apply to 

14 school buses manufactured more than 3 years after 

15 the date on which the regulation takes effect. 

16 (b) AUTOMATIC EMERGENCY BRAKING.—Not later 

17 than 2 years after the date of enactment of this Act, the 

18 Secretary shall— 

19 (1) prescribe a motor vehicle safety standard 

20 under section 30111 of title 49, United States Code, 

21 that requires all school buses manufactured after the 

22 effective date of such standard to be equipped with 

23 an automatic emergency braking system; and 


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1 (2) as part of such standard, establish perform2 ance requirements for automatic emergency braking 

3 systems, including operation of such systems. 

4 (c) ELECTRONIC STABILITY CONTROL.—Not later 

5 than 2 years after the date of enactment of this Act, the 

6 Secretary shall— 

7 (1) prescribe a motor vehicle safety standard 

8 under section 30111 of title 49, United States Code, 

9 that requires all school buses manufactured after the 

10 effective date of such standard to be equipped with 

11 an electronic stability control system (as such term 

12 is defined in section 571.136 of title 49, Code of 

13 Federal Regulations (as in effect on the date of en14 actment of this Act)); and 

15 (2) as part of such standard, establish perform16 ance requirements for electronic stability control sys17 tems, including operation of such systems. 

18 (d) FIRE PREVENTION AND MITIGATION.— 

19 (1) RESEARCH AND TESTING.—The Secretary 

20 shall conduct research and testing to determine the 

21 most prevalent causes of school bus fires and the 

22 best methods to prevent such fires and to mitigate 

23 the effect of such fires, both inside and outside the 

24 school bus. Such research and testing shall con25 sider— 


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1 (A) fire suppression systems standards, 

2 which at a minimum prevent engine fires; 

3 (B) firewall standards to prevent gas or 

4 flames from entering into the passenger com5 partment in school buses with engines that ex6 tend beyond the firewall; and 

7 (C) interior flammability and smoke emis8 sions characteristics standards. 

9 (2) STANDARDS.—The Secretary may issue fire 

10 prevention and mitigation standards for school 

11 buses, based on the results of the Secretary’s re12 search and testing under paragraph (1), if the Sec13 retary determines that such standards meet the re14 quirements and considerations set forth in sub15 sections (a) and (b) of section 30111 of title 49, 

16 United States Code. 

17 (e) DEFINITIONS.—In this section: 

18 (1) AUTOMATIC BRAKING SYSTEM.—The term 

19 ‘‘automatic braking system’’ means a crash avoid20 ance system installed and operational in a vehicle 

21 that consists of— 

22 (A) a forward warning function— 

23 (i) to detect vehicles and objects 

24 ahead of the vehicle; and 


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1 (ii) to alert the operator of an im2 pending collision; and 

3 (B) a crash-imminent braking function to 

4 provide automatic braking when forward-look5 ing sensors of the vehicle indicate that— 

6 (i) a crash is imminent; and 

7 (ii) the operator of the vehicle is not 

8 applying the brakes. 

9 (2) SCHOOL BUS.—The term ‘‘school bus’’ has 

10 the meaning given the term ‘‘schoolbus’’ in section 

11 30125(a) of title 49, United States Code. 

12 (3) LARGE SCHOOL BUS.—The term ‘‘large 

13 school bus’’ means a school bus with a gross vehicle 

14 weight rating of more than 10,000 pounds. 

15 SEC. 4402. ILLEGAL PASSING OF SCHOOL BUSES. 

16 (a) REVIEW OF ILLEGAL PASSING LAWS.— 

17 (1) IN GENERAL.—Not later than 2 years after 

18 the date of enactment of this Act, the Secretary of 

19 Transportation shall— 

20 (A) prepare a compilation of illegal passing 

21 laws in all States, including levels of enforce22 ment and penalties and enforcement issues with 

23 such laws and the impact of such laws on illegal 

24 passing of school buses in each State; 


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1 (B) review existing State laws that may in2 hibit effective school bus loading zone counter3 measures, which may include laws requiring 

4 camera visibility of a driver’s face for enforce5 ment action, laws that may reduce stop arm 

6 camera effectiveness, the need for an officer to 

7 witness the event for enforcement, and the lack 

8 of primary enforcement for texting and driving; 

9 (C) evaluate methods used by States to re10 view, document, and report to law enforcement 

11 school bus stop arm violations; and 

12 (D) following the completion of the com13 pilation, issue recommendations on best prac14 tices on the most-effective approaches to ad15 dress illegal passing of school buses. 

16 (2) PUBLICATION.—The compilation and rec17 ommendations prepared under paragraph (1) shall 

18 be made publicly available on the website of the De19 partment of Transportation. 

20 (b) PUBLIC SAFETY MESSAGING CAMPAIGN.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date on which the Secretary makes the compila23 tion and recommendations under subsection (a)(2) 

24 publicly available, the Secretary shall create and exe25 cute a public safety messaging campaign for disVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 tribution to States, divisions of motor vehicles, 

2 schools, and other public outlets to highlight the 

3 dangers of the illegal passing of school buses, and 

4 should include educating students and the public on 

5 safe loading and unloading of school buses. 

6 (2) CONSULTATION.—The Secretary shall con7 sult with public and private school bus industry rep8 resentatives and States in developing the campaign 

9 materials. 

10 (3) UPDATE.—The Secretary shall periodically 

11 update such materials. 

12 (c) REVIEW OF TECHNOLOGIES.— 

13 (1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of this Act, the Secretary 

15 shall review and evaluate the effectiveness of various 

16 technologies to enhance school bus safety, including 

17 cameras, audible warning systems, enhanced light18 ing, and other technological solutions. 

19 (2) CONTENT.—The review under paragraph 

20 (1)— 

21 (A) shall include an evaluation of the costs 

22 of new equipment and the potential impact on 

23 overall school bus ridership; 

24 (B) shall include an evaluation of advanced 

25 technologies surrounding loading zone safety; 


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1 (C) shall include an evaluation of motion2 activated detection systems that are capable 

3 of— 

4 (i) detecting pedestrians, bicyclists, 

5 and other road users located near the exte6 rior of the school bus; and 

7 (ii) alerting the operator of the school 

8 bus of the road users described in clause 

9 (i); 

10 (D) shall include an evaluation of school 

11 bus lighting systems, to ensure clear commu12 nication to surrounding drivers on their appro13 priate action; and 

14 (E) may include other technological solu15 tions that enhance school bus safety. 

16 (3) CONSULTATION.—The Secretary shall con17 sult with manufacturers of school bus vehicles, man18 ufacturers of various technologies, and school bus in19 dustry representatives in conducting the review 

20 under paragraph (1). 

21 (4) PUBLICATION.—The Secretary shall make 

22 the findings of the review under paragraph (1) pub23 licly available on the website of the Department. 

24 (d) REVIEW OF DRIVER EDUCATION MATERIALS.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Secretary 

3 shall— 

4 (A) review driver education materials 

5 across all States to determine whether and how 

6 illegal passing of school buses is addressed in 

7 driver education materials, manuals, non-com8 mercial driver’s license testing, and road tests; 

9 and 

10 (B) make recommendations on how States 

11 can improve education about illegal passing of 

12 school buses, particularly with new drivers. 

13 (2) CONSULTATION.—The Secretary shall con14 sult with school bus industry representatives, States, 

15 motor vehicle administrators, and other appropriate 

16 motor vehicle experts in the preparation of the re17 view under paragraph (1). 

18 (3) PUBLICATION.—The Secretary shall make 

19 the findings of the review under paragraph (1) pub20 licly available on the website of the Department. 

21 (e) REVIEW OF OTHER SAFETY ISSUES.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Secretary 

24 shall— 


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1 (A) research the connections between ille2 gal passing of school buses and other safety 

3 issues, including distracted driving, morning 

4 darkness, illumination and reach of vehicle 

5 headlights, speed limits, and school bus stop lo6 cations in rural areas; and 

7 (B) create a report containing the findings. 

8 (2) PUBLICATION.—The Secretary shall make 

9 the report created under paragraph (1)(B) publicly 

10 available on the website of the Department. 

11 SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING 

12 COMMERCIAL MOTOR VEHICLES. 

13 (a) IN GENERAL.—Not later than 2 years after the 

14 date of enactment of this Act, the Secretary of Transpor15 tation shall issue a final rule based on the advance notice 

16 of proposed rulemaking published on April 27, 2016, titled 

17 ‘‘State Inspection Programs for Passenger-Carrier Vehi18 cles’’ (81 Fed. Reg. 24769). 

19 (b) CONSIDERATIONS.—In issuing a final rule under 

20 subsection (a), the Secretary shall consider the impact of 

21 continuing to allow self-inspection as a means to satisfy 

22 periodic inspection requirements on the safety of pas23 senger carrier operations. 


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1 SEC. 4404. AUTOMATIC EMERGENCY BRAKING. 

2 (a) FEDERAL MOTOR VEHICLE SAFETY STAND3 ARD.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, the Secretary of 

6 Transportation shall— 

7 (A) prescribe a motor vehicle safety stand8 ard under section 30111 of title 49, United 

9 States Code, that requires all commercial motor 

10 vehicles manufactured after the effective date of 

11 such standard to be equipped with an automatic 

12 emergency braking system; and 

13 (B) as part of such standard, establish 

14 performance requirements for automatic emer15 gency braking systems, including operation of 

16 such systems. 

17 (2) CONSIDERATIONS.—Prior to prescribing the 

18 standard required under paragraph (1)(A), the Sec19 retary shall— 

20 (A) conduct a review of automatic emer21 gency braking systems in use in commercial 

22 motor vehicles and address any identified defi23 ciencies with such systems in the rulemaking 

24 proceeding to prescribe the standard, if prac25 ticable; 


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1 (B) assess the feasibility of updating the 

2 software of emergency braking systems in use 

3 in commercial motor vehicles to address any de4 ficiencies and to enable such systems to meet 

5 the new standard; and 

6 (C) consult with representatives of com7 mercial motor vehicle drivers regarding the ex8 periences of drivers with automatic emergency 

9 braking systems in use in commercial motor ve10 hicles, including malfunctions or unwarranted 

11 activations of such systems. 

12 (3) COMPLIANCE DATE.—The Secretary shall 

13 ensure that the compliance date of the standard pre14 scribed pursuant to paragraph (1) shall be not later 

15 than 2 years after the date of publication of the 

16 final rule prescribing such standard. 

17 (b) FEDERAL MOTOR CARRIER SAFETY REGULA18 TION.—Not later than 1 year after the date of enactment 

19 of this Act, the Secretary shall issue a regulation under 

20 section 31136 of title 49, United States Code, that re21 quires that an automatic emergency braking system in22 stalled in a commercial motor vehicle in operation on or 

23 after the effective date of the standard prescribed under 

24 subsection (a) to be used at any time during which such 

25 commercial motor vehicle is in operation. 


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1 (c) DEFINITIONS.—In this section: 

2 (1) AUTOMATIC EMERGENCY BRAKING SYS3 TEM.—The term ‘‘automatic emergency braking sys4 tem’’ means a crash avoidance system installed and 

5 operational in a vehicle that consists of— 

6 (A) a forward collision warning function— 

7 (i) to detect vehicles and objects 

8 ahead of the vehicle; and 

9 (ii) to alert the operator of the vehicle 

10 of an impending collision; and 

11 (B) a crash-imminent braking function to 

12 provide automatic braking when forward-look13 ing sensors of the vehicle indicate that— 

14 (i) a crash is imminent; and 

15 (ii) the operator of the vehicle is not 

16 applying the brakes. 

17 (2) COMMERCIAL MOTOR VEHICLE.—The term 

18 ‘‘commercial motor vehicle’’ has the meaning given 

19 such term in section 31101 of title 49, United 

20 States Code. 

21 SEC. 4405. UNDERRIDE PROTECTION. 

22 (a) REAR UNDERRIDE GUARDS.— 

23 (1) REAR GUARDS ON TRAILERS AND SEMI24 TRAILERS.— 


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1 (A) IN GENERAL.—Not later than 1 year 

2 after the date of enactment of this Act, the Sec3 retary of Transportation shall issue such regu4 lations as are necessary to revise motor vehicle 

5 safety standards under sections 571.223 and 

6 571.224 of title 49, Code of Federal Regula7 tions, to require trailers and semi-trailers man8 ufactured after the date on which such regula9 tion is issued to be equipped with rear impact 

10 guards that are designed to prevent passenger 

11 compartment intrusion from a trailer or semi12 trailer when a passenger vehicle traveling at 35 

13 miles per hour makes— 

14 (i) an impact in which the passenger 

15 vehicle impacts the center of the rear of 

16 the trailer or semi-trailer; 

17 (ii) an impact in which 50 percent the 

18 width of the passenger vehicle overlaps the 

19 rear of the trailer or semi-trailer; and 

20 (iii) an impact in which 30 percent of 

21 the width of the passenger vehicle overlaps 

22 the rear of the trailer or semi-trailer. 

23 (B) EFFECTIVE DATE.—The rule issued 

24 under subparagraph (A) shall require full com25 pliance with the motor carrier safety standard 


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1 prescribed in such rule not later than 2 years 

2 after the date on which a final rule is issued. 

3 (2) ADDITIONAL RESEARCH.—The Secretary 

4 shall conduct additional research on the design and 

5 development of rear impact guards that can prevent 

6 underride crashes and protect motor vehicle pas7 sengers against severe injury at crash speeds of up 

8 to 65 miles per hour. 

9 (3) REVIEW OF STANDARDS.—Not later than 5 

10 years after any revisions to standards or require11 ments related to rear impact guards pursuant to 

12 paragraph (1), the Secretary shall review the stand13 ards or requirements to evaluate the need for 

14 changes in response to advancements in technology 

15 and upgrade such standards accordingly. 

16 (4) INSPECTIONS.— 

17 (A) IN GENERAL.—Not later than 1 year 

18 after the date of enactment of this Act, the Sec19 retary shall issue such regulations as are nec20 essary to amend the regulations on minimum 

21 periodic inspection standards under appendix G 

22 to subchapter B of chapter III of title 49, Code 

23 of Federal Regulations, and driver vehicle in24 spection reports under section 396.11 of title 

25 49, Code of Federal Regulations, to include 


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1 rear impact guards and rear end protection (as 

2 required by section 393.86 of title 49, Code of 

3 Federal Regulations). 

4 (B) CONSIDERATIONS.—In updating the 

5 regulations described in subparagraph (A), the 

6 Secretary shall consider it to be a defect or a 

7 deficiency if a rear impact guard is missing or 

8 has a corroded or compromised element that af9 fects the structural integrity and protective fea10 ture of such guard. 

11 (b) SIDE UNDERRIDE GUARDS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, the Secretary 

14 shall— 

15 (A) complete additional research on side 

16 underride guards to better understand the over17 all effectiveness of such guards; 

18 (B) assess the feasibility, benefits, and 

19 costs associated with installing side underride 

20 guards on newly-manufactured trailers and 

21 semitrailers with a gross vehicle weight rating 

22 of 10,000 pounds or more; and 

23 (C) if warranted, develop performance 

24 standards for such guards. 


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1 (2) INDEPENDENT RESEARCH.—If the Sec2 retary enters into a contract with a third party to 

3 perform the research required under paragraph 

4 (1)(A), the Secretary shall ensure that such third 

5 party does not have any financial or contractual ties 

6 or relationship with a motor carrier that transports 

7 passengers or property for compensation, the motor 

8 carrier industry, or an entity producing or supplying 

9 underride guards. 

10 (3) PUBLICATION OF ASSESSMENT.—Not later 

11 than 90 days after completing the assessment re12 quired under paragraph (1)(B), the Secretary shall 

13 issue a notice in the Federal Register containing the 

14 findings of the assessment and provide an oppor15 tunity for public comment. 

16 (4) REPORT TO CONGRESS.—After the conclu17 sion of the public comment period under paragraph 

18 (3), the Secretary shall submit to the Committee on 

19 Transportation and Infrastructure of the House of 

20 Representatives and the Committee on Commerce, 

21 Science, and Transportation of the Senate a report 

22 that provides— 

23 (A) the results of the assessment under 

24 this subsection; 


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1 (B) a summary of the public comments re2 ceived by the Secretary under paragraph (3); 

3 and 

4 (C) a determination as to whether the Sec5 retary intends to develop performance require6 ments for side underride guards, including any 

7 analysis that led to such determination. 

8 (c) ADVISORY COMMITTEE ON UNDERRIDE PROTEC9 TION.— 

10 (1) ESTABLISHMENT.—The Secretary of Trans11 portation shall establish an Advisory Committee on 

12 Underride Protection (in this subsection referred to 

13 as the ‘‘Committee’’) to provide advice and rec14 ommendations to the Secretary on safety regulations 

15 to reduce crashes and fatalities involving truck 

16 underrides. 

17 (2) REPRESENTATION.— 

18 (A) IN GENERAL.—The Committee shall be 

19 composed of not more than 20 members ap20 pointed by the Secretary who are not employees 

21 of the Department of Transportation and who 

22 are qualified to serve because of their expertise, 

23 training, or experience. 

24 (B) MEMBERSHIP.—Members shall include 

25 2 representatives of each of the following: 


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1 (i) Truck and trailer manufacturers. 

2 (ii) Motor carriers, including inde3 pendent owner-operators. 

4 (iii) Law enforcement. 

5 (iv) Motor vehicle engineers. 

6 (v) Motor vehicle crash investigators. 

7 (vi) Truck safety organizations. 

8 (vii) The insurance industry. 

9 (viii) Emergency medical service pro10 viders. 

11 (ix) Families of underride crash vic12 tims. 

13 (x) Labor organizations. 

14 (3) COMPENSATION.—Members of the Com15 mittee shall serve without compensation. 

16 (4) MEETINGS.—The Committee shall meet at 

17 least annually. 

18 (5) SUPPORT.—On request of the Committee, 

19 the Secretary shall provide information, administra20 tive services, and supplies necessary for the Com21 mittee to carry out the duties described in para22 graph (1). 

23 (6) REPORT.—The Committee shall submit to 

24 the Committee on Transportation and Infrastructure 

25 of the House of Representatives and the Committee 


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1 on Commerce, Science, and Transportation of the 

2 Senate a biennial report that shall— 

3 (A) describe the advice and recommenda4 tions made to the Secretary; and 

5 (B) include an assessment of progress 

6 made by the Secretary in advancing safety reg7 ulations. 

8 (d) DATA COLLECTION.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary shall im10 plement recommendations 1 and 2 described in the report 

11 by the Government Accountability Office published on 

12 March 14, 2019, titled ‘‘Truck Underride Guards: Im13 proved Data Collection, Inspections, and Research Need14 ed’’ (GAO–19–264). 

15 SEC. 4406. TRANSPORTATION OF HORSES. 

16 Section 80502 of title 49, United States Code, is 

17 amended— 

18 (1) in subsection (c), by striking ‘‘This section 

19 does not’’ and inserting ‘‘Subsections (a) and (b) 

20 shall not’’; 

21 (2) by redesignating subsection (d) as sub22 section (e); 

23 (3) by inserting after subsection (c) the fol24 lowing: 

25 ‘‘(d) TRANSPORTATION OF HORSES.— 


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1 ‘‘(1) PROHIBITION.—No person may transport, 

2 or cause to be transported, a horse from a place in 

3 a State, the District of Columbia, or a territory or 

4 possession of the United States through or to a 

5 place in another State, the District of Columbia, or 

6 a territory or possession of the United States in a 

7 motor vehicle containing 2 or more levels stacked on 

8 top of each other. 

9 ‘‘(2) MOTOR VEHICLE DEFINED.—In this sub10 section, the term ‘motor vehicle’— 

11 ‘‘(A) means a vehicle driven or drawn by 

12 mechanical power and manufactured primarily 

13 for use on public highways; and 

14 ‘‘(B) does not include a vehicle operated 

15 exclusively on a rail or rails.’’; and 

16 (4) in subsection (e), as redesignated— 

17 (A) by striking ‘‘A rail carrier’’ and insert18 ing the following: 

19 ‘‘(1) IN GENERAL.—A rail carrier’’; 

20 (B) by striking ‘‘this section’’ and insert21 ing ‘‘subsection (a) or (b)’’; and 

22 (C) by striking ‘‘On learning’’ and insert23 ing the following: 

24 ‘‘(2) TRANSPORTATION OF HORSES IN MULTI25 LEVEL TRAILER.— 


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1 ‘‘(A) CIVIL PENALTY.—A person that 

2 knowingly violates subsection (d) is liable to the 

3 United States Government for a civil penalty of 

4 at least $100, but not more than $500, for each 

5 violation. A separate violation of subsection (d) 

6 occurs for each horse that is transported, or 

7 caused to be transported, in violation of sub8 section (d). 

9 ‘‘(B) RELATIONSHIP TO OTHER LAWS.— 

10 The penalty imposed under subparagraph (A) 

11 shall be in addition to any penalty or remedy 

12 available under any other law. 

13 ‘‘(3) CIVIL ACTION.—On learning’’. 

14 TITLE V—INNOVATION 

15 SEC. 5001. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—The following amounts are au17 thorized to be appropriated out of the Highway Trust 

18 Fund (other than the Mass Transit Account): 

19 (1) HIGHWAY RESEARCH AND DEVELOPMENT

20 PROGRAM.—To carry out section 503(b) of title 23, 

21 United States Code, $144,000,000 for each of fiscal 

22 years 2022 through 2025. 

23 (2) TECHNOLOGY AND INNOVATION DEPLOY24 MENT PROGRAM.—To carry out section 503(c) of 


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1 title 23, United States Code, $152,000,000 for each 

2 of fiscal years 2022 through 2025. 

3 (3) TRAINING AND EDUCATION.—To carry out 

4 section 504 of title 23, United States Code, 

5 $26,000,000 for each of fiscal years 2022 through 

6 2025. 

7 (4) INTELLIGENT TRANSPORTATION SYSTEMS

8 PROGRAM.—To carry out sections 512 through 518 

9 of title 23, United States Code, $100,000,000 for 

10 each of fiscal years 2022 through 2025. 

11 (5) UNIVERSITY TRANSPORTATION CENTERS

12 PROGRAM.—To carry out section 5505 of title 49, 

13 United States Code, $96,000,000 for each of fiscal 

14 years 2022 through 2025. 

15 (6) BUREAU OF TRANSPORTATION STATIS16 TICS.—To carry out chapter 63 of title 49, United 

17 States Code, $27,000,000 for each of fiscal years 

18 2022 through 2025. 

19 (b) ADDITIONAL PROGRAMS.—The following 

20 amounts are authorized to be appropriated out of the 

21 Highway Trust Fund (other than the Mass Transit Ac22 count): 

23 (1) SAFE, EFFICIENT MOBILITY THROUGH AD24 VANCED TECHNOLOGIES.—To carry out section 

25 503(c)(4) of title 23, United States Code, 


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1 $70,000,000 for each of fiscal years 2022 through 

2 2025 from funds made available to carry out section 

3 503(c) of such title. 

4 (2) MATERIALS TO REDUCE GREENHOUSE GAS

5 EMISSIONS PROGRAM.—To carry out section 503(d) 

6 of title 23, United States Code, $10,000,000 for 

7 each of fiscal years 2022 through 2025 from funds 

8 made available to carry out section 503(c) of such 

9 title. 

10 (3) NATIONAL HIGHLY AUTOMATED VEHICLE

11 AND MOBILITY INNOVATION CLEARINGHOUSE.—To 

12 carry out section 5507 of title 49, United States 

13 Code, $2,000,000 for each of fiscal years 2022 

14 through 2025 from funds made available to carry 

15 out sections 512 through 518 of title 23, United 

16 States Code. 

17 (4) NATIONAL COOPERATIVE MULTIMODAL

18 FREIGHT TRANSPORTATION RESEARCH PROGRAM.— 

19 To carry out section 70205 of title 49, United 

20 States Code, $4,000,000 for each of fiscal years 

21 2022 through 2025. 

22 (5) STATE SURFACE TRANSPORTATION SYSTEM

23 FUNDING PILOTS.—To carry out section 6020 of the 

24 FAST Act (23 U.S.C. 503 note), $35,000,000 for 

25 each of fiscal years 2022 through 2025 from funds 


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1 made available to carry out section 503(b) of title 

2 23, United States Code. 

3 (6) NATIONAL SURFACE TRANSPORTATION SYS4 TEM FUNDING PILOT.—To carry out section 5402 of 

5 this title, $10,000,000 for each of fiscal years 2022 

6 through 2025 from funds made available to carry 

7 out section 503(b) of title 23, United States Code. 

8 (c) ADMINISTRATION.—The Federal Highway Ad9 ministration shall— 

10 (1) administer the programs described in para11 graphs (1), (2), and (3) of subsection (a) and para12 graph (1) of subsection (b); and 

13 (2) in consultation with relevant modal adminis14 trations, administer the programs described in sub15 sections (a)(4) and (b)(2). 

16 (d) TREATMENT OF FUNDS.—Funds authorized to be 

17 appropriated by subsections (a) and (b) shall— 

18 (1) be available for obligation in the same man19 ner as if those funds were apportioned under chap20 ter 1 of title 23, United States Code, except that the 

21 Federal share of the cost of a project or activity car22 ried out using those funds shall be 80 percent, un23 less otherwise expressly provided by this title (in24 cluding the amendments by this title) or otherwise 

25 determined by the Secretary; and 


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1 (2) remain available until expended and not be 

2 transferable, except as otherwise provided in this 

3 title. 

4 Subtitle A—Research and 

5 Development 

6 SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PRO7 GRAM. 

8 (a) IN GENERAL.—Section 503 of title 23, United 

9 States Code, is amended— 

10 (1) in subsection (a)(2) by striking ‘‘section 

11 508’’ and inserting ‘‘section 6503 of title 49’’; and 

12 (2) in subsection (b)— 

13 (A) in paragraph (3)— 

14 (i) in subparagraph (A)— 

15 (I) in clause (ii) by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (II) in clause (iii) by striking the 

18 period and inserting ‘‘; and’’; and 

19 (III) by adding at the end the 

20 following: 

21 ‘‘(iv) to reduce greenhouse gas emis22 sions and limit the effects of climate 

23 change.’’; and 

24 (ii) by striking subparagraphs (D) 

25 and (E); 


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1 (B) in paragraph (4)(A)— 

2 (i) in clause (ii) by striking ‘‘; and’’ 

3 and inserting a semicolon; 

4 (ii) in clause (iii) by striking the pe5 riod and inserting ‘‘; and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iv) to reduce greenhouse gas emis9 sions and limit the effects of climate 

10 change.’’; 

11 (C) in paragraph (5)(A)— 

12 (i) in clause (iv) by striking ‘‘; and’’ 

13 and inserting a semicolon; 

14 (ii) in clause (v) by striking the period 

15 and inserting ‘‘; and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(vi) reducing greenhouse gas emis19 sions and limiting the effects of climate 

20 change.’’; 

21 (D) in paragraph (8)(A) by inserting ‘‘, 

22 ferry,’’ after ‘‘highway’’ each place it appears; 

23 and 

24 (E) by adding at the end the following: 


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1 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de2 velop interactive modeling tools and databases 

3 that— 

4 ‘‘(A) track the condition of highway assets, 

5 including interchanges, and the reconstruction 

6 history of such assets; 

7 ‘‘(B) can be used to assess transportation 

8 options; 

9 ‘‘(C) allow for the monitoring and mod10 eling of network-level traffic flows on highways; 

11 and 

12 ‘‘(D) further Federal and State under13 standing of the importance of national and re14 gional connectivity and the need for long-dis15 tance and interregional passenger and freight 

16 travel by highway and other surface transpor17 tation modes. 

18 ‘‘(10) PERFORMANCE MANAGEMENT DATA SUP19 PORT PROGRAM.— 

20 ‘‘(A) PERFORMANCE MANAGEMENT DATA

21 SUPPORT.—The Administrator of the Federal 

22 Highway Administration shall develop, use, and 

23 maintain data sets and data analysis tools to 

24 assist metropolitan planning organizations, 

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1 tion in carrying out performance management 

2 analyses (including the performance manage3 ment requirements under section 150). 

4 ‘‘(B) INCLUSIONS.—The data analysis ac5 tivities authorized under subparagraph (A) may 

6 include— 

7 ‘‘(i) collecting and distributing vehicle 

8 probe data describing traffic on Federal9 aid highways; 

10 ‘‘(ii) collecting household travel behav11 ior data to assess local and cross-jurisdic12 tional travel, including to accommodate ex13 ternal and through travel; 

14 ‘‘(iii) enhancing existing data collec15 tion and analysis tools to accommodate 

16 performance measures, targets, and related 

17 data, so as to better understand trip origin 

18 and destination, trip time, and mode; 

19 ‘‘(iv) enhancing existing data analysis 

20 tools to improve performance predictions 

21 and travel models in reports described in 

22 section 150(e); 

23 ‘‘(v) developing tools— 

24 ‘‘(I) to improve performance 

25 analysis; and 


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1 ‘‘(II) to evaluate the effects of 

2 project investments on performance; 

3 ‘‘(vi) assisting in the development or 

4 procurement of the transportation system 

5 access data under section 1403(g) of the 

6 INVEST in America Act; and 

7 ‘‘(vii) developing tools and acquiring 

8 data described under paragraph (9). 

9 ‘‘(C) FUNDING.—The Administrator of the 

10 Federal Highway Administration may use up to 

11 $15,000,000 for each of fiscal years 2022 

12 through 2025 to carry out this paragraph.’’. 

13 (b) REPEAL.—Section 6028 of the FAST Act (23 

14 U.S.C. 150 note), and the item relating to such section 

15 in the table of contents in section 1(b) of such Act, are 

16 repealed. 

17 SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS 

18 EMISSIONS PROGRAM. 

19 Section 503 of title 23, United States Code, as 

20 amended by section 5101, is further amended by adding 

21 at the end the following: 

22 ‘‘(d) MATERIALS TO REDUCE GREENHOUSE GAS

23 EMISSIONS PROGRAM.— 

24 ‘‘(1) IN GENERAL.—Not later than 6 months 

25 after the date of enactment of this subsection, the 


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1 Secretary shall establish and implement a program 

2 under which the Secretary shall award grants to eli3 gible entities to research and support the develop4 ment of materials that will reduce or sequester the 

5 amount of greenhouse gas emissions generated dur6 ing the production of highway materials and the 

7 construction of highways. 

8 ‘‘(2) ACTIVITIES.—The Secretary shall ensure 

9 that the program, at a minimum— 

10 ‘‘(A) carries out research to determine the 

11 materials proven to most effectively reduce or 

12 sequester greenhouse gas emissions; 

13 ‘‘(B) evaluates and improves the ability of 

14 materials to most effectively reduce or sequester 

15 greenhouse gas emissions; and 

16 ‘‘(C) supports the development and deploy17 ment of materials that will reduce or sequester 

18 greenhouse gas emissions. 

19 ‘‘(3) COMPETITIVE SELECTION PROCESS.— 

20 ‘‘(A) APPLICATIONS.—To be eligible to re21 ceive a grant under this subsection, an eligible 

22 entity shall submit to the Secretary an applica23 tion in such form and containing such informa24 tion as the Secretary may require. 


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1 ‘‘(B) CONSIDERATION.—In making grants 

2 under this subsection, the Secretary shall con3 sider the degree to which applicants presently 

4 carry out research on materials that reduce or 

5 sequester greenhouse gas emissions. 

6 ‘‘(C) SELECTION CRITERIA.—The Sec7 retary may make grants under this subsection 

8 to any eligible entity based on the demonstrated 

9 ability of the applicant to fulfill the activities 

10 described in paragraph (2). 

11 ‘‘(D) TRANSPARENCY.— 

12 ‘‘(i) IN GENERAL.—The Secretary 

13 shall provide to each eligible entity submit14 ting an application under this subsection, 

15 upon request, any materials, including cop16 ies of reviews (with any information that 

17 would identify a reviewer redacted), used 

18 in the evaluation process of the application 

19 of such entity. 

20 ‘‘(ii) REPORTS.—The Secretary shall 

21 submit to the Committee on Transpor22 tation and Infrastructure of the House of 

23 Representatives and the Committee on En24 vironment and Public Works of the Senate 

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1 ess for a grant under this subsection, in2 cluding— 

3 ‘‘(I) specific criteria of evaluation 

4 used in the review; 

5 ‘‘(II) descriptions of the review 

6 process; and 

7 ‘‘(III) explanations of the grants 

8 awarded. 

9 ‘‘(4) GRANTS.— 

10 ‘‘(A) RESTRICTIONS.— 

11 ‘‘(i) IN GENERAL.—For each fiscal 

12 year, a grant made available under this 

13 subsection shall be not greater than 

14 $4,000,000 and not less than $2,000,000 

15 per recipient. 

16 ‘‘(ii) LIMITATION.—An eligible entity 

17 may only receive 1 grant in a fiscal year 

18 under this subsection. 

19 ‘‘(B) MATCHING REQUIREMENTS.— 

20 ‘‘(i) IN GENERAL.—As a condition of 

21 receiving a grant under this subsection, a 

22 grant recipient shall match 50 percent of 

23 the amounts made available under the 

24 grant. 


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1 ‘‘(ii) SOURCES.—The matching 

2 amounts referred to in clause (i) may in3 clude amounts made available to the recipi4 ent under— 

5 ‘‘(I) section 504(b); or 

6 ‘‘(II) section 505. 

7 ‘‘(5) PROGRAM COORDINATION.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall— 

9 ‘‘(i) coordinate the research, edu10 cation, and technology transfer activities 

11 carried out by grant recipients under this 

12 subsection; 

13 ‘‘(ii) disseminate the results of that 

14 research through the establishment and op15 eration of a publicly accessible online infor16 mation clearinghouse; and 

17 ‘‘(iii) to the extent practicable, sup18 port the deployment and commercial adop19 tion of effective materials researched or de20 veloped under this subsection to relevant 

21 stakeholders. 

22 ‘‘(B) ANNUAL REVIEW AND EVALUA23 TION.—Not later than 2 years after the date of 

24 enactment of this subsection, and not less fre25 quently than annually thereafter, the Secretary 


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1 shall, consistent with the activities in paragraph 

2 (3)— 

3 ‘‘(i) review and evaluate the programs 

4 carried out under this subsection by grant 

5 recipients, describing the effectiveness of 

6 the program in identifying materials that 

7 reduce or sequester greenhouse gas emis8 sions; 

9 ‘‘(ii) submit to the Committee on 

10 Transportation and Infrastructure of the 

11 House of Representatives and the Com12 mittee on Environment and Public Works 

13 of the Senate a report describing such re14 view and evaluation; and 

15 ‘‘(iii) make the report in clause (ii) 

16 available to the public on a website. 

17 ‘‘(6) LIMITATION ON AVAILABILITY OF

18 AMOUNTS.—Amounts made available to carry out 

19 this subsection shall remain available for obligation 

20 by the Secretary for a period of 3 years after the 

21 last day of the fiscal year for which the amounts are 

22 authorized. 

23 ‘‘(7) INFORMATION COLLECTION.—Any survey, 

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1 ments relating to any program assessment or evalua2 tion activity under this subsection, including cus3 tomer satisfaction assessments, shall not be subject 

4 to chapter 35 of title 44. 

5 ‘‘(8) DEFINITION OF ELIGIBLE ENTITY.—In 

6 this subsection, the term ‘eligible entity’ means a 

7 nonprofit institution of higher education, as such 

8 term is defined in section 101 of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1001).’’. 

10 SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOP11 MENT 5-YEAR STRATEGIC PLAN. 

12 Section 6503 of title 49, United States Code, is 

13 amended— 

14 (1) in subsection (a) by striking ‘‘The Sec15 retary’’ and inserting ‘‘For the period of fiscal years 

16 2017 through 2021, and for each 5-year period 

17 thereafter, the Secretary’’; 

18 (2) in subsection (c)(1)— 

19 (A) in subparagraph (D) by inserting ‘‘and 

20 the existing transportation system’’ after ‘‘in21 frastructure’’; 

22 (B) in subparagraph (E) by striking ‘‘; 

23 and’’ and inserting a semicolon; 

24 (C) by amending subparagraph (F) to read 

25 as follows: 


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1 ‘‘(F) reducing greenhouse gas emissions; 

2 and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(G) developing and maintaining a diverse 

5 workforce in transportation sectors;’’; and 

6 (3) in subsection (d) by striking ‘‘not later than 

7 December 31, 2016,’’ and inserting ‘‘not later than 

8 December 31, 2021,’’. 

9 SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PRO10 GRAM. 

11 Section 5505 of title 49, United States Code, is 

12 amended— 

13 (1) in subsection (b)(4)— 

14 (A) in subparagraph (A) by striking ‘‘re15 search priorities identified in chapter 65.’’ and 

16 inserting the following: ‘‘following research pri17 orities: 

18 ‘‘(i) Improving the mobility of people 

19 and goods. 

20 ‘‘(ii) Reducing congestion. 

21 ‘‘(iii) Promoting safety. 

22 ‘‘(iv) Improving the durability and ex23 tending the life of transportation infra24 structure and the existing transportation 

25 system. 


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1 ‘‘(v) Preserving the environment. 

2 ‘‘(vi) Reducing greenhouse gas emis3 sions.’’; and 

4 (B) in subparagraph (B)— 

5 (i) by striking ‘‘Technology and’’ and 

6 inserting ‘‘Technology,’’; and 

7 (ii) by inserting ‘‘, the Associate Ad8 ministrator for Research, Demonstration, 

9 and Innovation and Administrator of the 

10 Federal Transit Administration,’’ after 

11 ‘‘Federal Highway Administration’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘Not later than 1 year 

15 after the date of enactment of this sec16 tion,’’ and inserting the following: 

17 ‘‘(A) SELECTION OF GRANTS.—Not later 

18 than 1 year after the date of enactment of the 

19 INVEST in America Act,’’; and 

20 (ii) by adding at the end the fol21 lowing: 

22 ‘‘(B) LIMITATIONS.—A grant under this 

23 subsection may not include a cooperative agree24 ment described in section 6305 of title 31.’’; 

25 (B) in paragraph (2)— 


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1 (i) in subparagraph (A) by striking ‘‘5 

2 consortia’’ and inserting ‘‘6 consortia’’; 

3 (ii) in subparagraph (B)— 

4 (I) in clause (i) by striking ‘‘not 

5 greater than $4,000,000 and not less 

6 than $2,000,000’’ and inserting ‘‘not 

7 greater than $4,250,000 and not less 

8 than $2,250,000’’; and 

9 (II) in clause (ii) by striking 

10 ‘‘section 6503(e)’’ and inserting ‘‘sub11 section (b)(4)(A)’’; 

12 (iii) in subparagraph (C) by striking 

13 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

14 and 

15 (iv) by adding at the end the fol16 lowing: 

17 ‘‘(D) REQUIREMENT.—In awarding grants 

18 under this section, the Secretary shall award 1 

19 grant to a national consortia for each focus 

20 area described in subsection (b)(4)(A).’’; 

21 (C) in paragraph (3)— 

22 (i) in subparagraph (C) by striking 

23 ‘‘not greater than $3,000,000 and not less 

24 than $1,500,000’’ and inserting ‘‘not 


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1 greater than $3,250,000 and not less than 

2 $1,750,000’’; 

3 (ii) in subparagraph (D)(i) by striking 

4 ‘‘100 percent’’ and inserting ‘‘50 percent’’; 

5 and 

6 (iii) by striking subparagraph (E); 

7 and 

8 (D) in paragraph (4)— 

9 (i) in subparagraph (A) by striking 

10 ‘‘greater than $2,000,000 and not less 

11 than $1,000,000’’ and inserting ‘‘greater 

12 than $2,250,000 and not less than 

13 $1,250,000’’; and 

14 (ii) by striking subparagraph (C) and 

15 inserting the following: 

16 ‘‘(C) REQUIREMENTS.—In awarding 

17 grants under this paragraph, the Secretary 

18 shall— 

19 ‘‘(i) consider consortia that include in20 stitutions that have demonstrated an abil21 ity in transportation-related research; and 

22 ‘‘(ii) award not less than 2 grants 

23 under this section to minority institutions, 

24 as such term is defined in section 365 of 


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1 the Higher Education Act of 1965 (20 

2 U.S.C. 1067k). 

3 ‘‘(D) FOCUSED RESEARCH.— 

4 ‘‘(i) IN GENERAL.—In awarding 

5 grants under this section, the Secretary 

6 shall select not less than 1 grant recipient 

7 with each of the following focus areas: 

8 ‘‘(I) Transit. 

9 ‘‘(II) Connected and automated 

10 vehicle technology. 

11 ‘‘(III) Non-motorized transpor12 tation, including bicycle and pedes13 trian safety. 

14 ‘‘(IV) Developing metropolitan 

15 planning practices to meet the consid16 erations described in section 134(c)(4) 

17 of title 23 and section 5303(c)(4). 

18 ‘‘(V) The surface transportation 

19 workforce, including current and fu20 ture workforce needs and challenges; 

21 and 

22 ‘‘(VI) Climate change mitigation, 

23 including— 

24 ‘‘(aa) researching the types 

25 of transportation projects that 


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1 are expected to provide the most 

2 significant greenhouse gas emis3 sions reductions from the surface 

4 transportation sector; and 

5 ‘‘(bb) researching the types 

6 of transportation projects that 

7 are not expected to provide sig8 nificant greenhouse gas emissions 

9 reductions from the surface 

10 transportation sector. 

11 ‘‘(ii) ADDITIONAL GRANTS.—In 

12 awarding grants under this section and 

13 after awarding grants pursuant to clause 

14 (i), the Secretary may award any remain15 ing grants to any grant recipient based on 

16 the criteria described in subsection 

17 (b)(4)(A). 

18 ‘‘(E) CONSIDERATIONS FOR SELECTED IN19 STITUTIONS.— 

20 ‘‘(i) IN GENERAL.—Tier 1 transpor21 tation centers awarded a grant under this 

22 paragraph with a focus area described in 

23 subparagraph (D)(i)(IV) shall consider the 

24 following areas for research: 


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1 ‘‘(I) strategies to address climate 

2 change mitigation and impacts de3 scribed in section 134(i)(2)(I)(ii) of 

4 title 23 and the incorporation of such 

5 strategies into long range transpor6 tation plan; and 

7 ‘‘(II) preparation of a vulner8 ability assessment described in section 

9 134(i)(2)(I)(iii) of title 23. 

10 ‘‘(ii) ACTIVITIES.—A tier 1 transpor11 tation center receiving a grant under this 

12 section with a focus area described in sub13 paragraph (D)(i)(IV) may— 

14 ‘‘(I) establish best practices; 

15 ‘‘(II) develop modeling tools; and 

16 ‘‘(III) carry out other activities 

17 and develop technology that addresses 

18 the planning considerations described 

19 in clause (i). 

20 ‘‘(iii) LIMITATION.—Research under 

21 this paragraph shall focus on metropolitan 

22 planning organizations that represent ur23 banized areas with populations of 200,000 

24 or fewer.’’; 


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1 (3) in subsection (d)(3) by striking ‘‘fiscal years 

2 2016 through 2020’’ and inserting ‘‘fiscal years 

3 2022 through 2025’’; 

4 (4) by redesignating subsection (f) as sub5 section (g); and 

6 (5) by inserting after subsection (e) the fol7 lowing: 

8 ‘‘(f) SURPLUS AMOUNTS.— 

9 ‘‘(1) IN GENERAL.—Amounts made available to 

10 the Secretary to carry out this section that remain 

11 unobligated after awarding grants under subsection 

12 (c) shall be made available under the unsolicited re13 search initiative under section 5506. 

14 ‘‘(2) LIMITATION ON AMOUNTS.—Amounts 

15 under paragraph (1) shall not exceed $2,000,000 for 

16 any given fiscal year.’’. 

17 SEC. 5105. UNSOLICITED RESEARCH INITIATIVE. 

18 (a) IN GENERAL.—Chapter 55 of title 49, United 

19 States Code, is amended by inserting after section 5505 

20 the following new section: 

21 ‘‘§ 5506. Unsolicited research initiative 

22 ‘‘(a) IN GENERAL.—Not later than 180 days after 

23 the date of enactment of this section, the Secretary shall 

24 establish a program under which an eligible entity may 


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1 at any time submit unsolicited research proposals for 

2 funding under this section. 

3 ‘‘(b) CRITERIA.—A research proposal submitted 

4 under subsection (a) shall meet the purposes of the Sec5 retary’s 5-year transportation research and development 

6 strategic plan described in section 6503(c)(1). 

7 ‘‘(c) PROJECT REVIEW.—Not later than 90 days 

8 after an eligible entity submits a proposal under sub9 section (a), the Secretary shall— 

10 ‘‘(1) review the research proposal submitted 

11 under subsection (a); 

12 ‘‘(2) evaluate such research proposal relative to 

13 the criteria described in subsection (b); 

14 ‘‘(3) provide to such eligible entity a written no15 tice that— 

16 ‘‘(A) if the research proposal is not se17 lected for funding under this section— 

18 ‘‘(i) notifies the eligible entity that the 

19 research proposal has not been selected for 

20 funding; 

21 ‘‘(ii) provides an explanation as to 

22 why the research proposal was not se23 lected, including if the research proposal 

24 does not cover an area of need; and 


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1 ‘‘(iii) if applicable, recommend that 

2 the research proposal be submitted to an3 other research program; and 

4 ‘‘(B) if the research proposal is selected for 

5 funding under this section, notifies the eligible 

6 entity that the research proposal has been se7 lected for funding; and 

8 ‘‘(4) fund the proposals described in paragraph 

9 (3)(B). 

10 ‘‘(d) REPORT.—Not later than 18 months after the 

11 date of enactment of this section, and annually thereafter, 

12 the Secretary shall make available to the public on a public 

13 website, a report on the progress and findings of the pro14 gram established under subsection (a). 

15 ‘‘(e) FEDERAL SHARE.— 

16 ‘‘(1) IN GENERAL.—The Federal share of the 

17 cost of an activity carried out under this section may 

18 not exceed 50 percent. 

19 ‘‘(2) NON-FEDERAL SHARE.—All costs directly 

20 incurred by the non-Federal partners, including per21 sonnel, travel, facility, and hardware development 

22 costs, shall be credited toward the non-Federal share 

23 of the cost of an activity carried out under this sec24 tion. 

25 ‘‘(f) FUNDING.— 


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1 ‘‘(1) IN GENERAL.—Of the funds made avail2 able to carry out the university transportation cen3 ters program under section 5505, $2,000,000 shall 

4 be available for each of fiscal years 2022 through 

5 2025 to carry out this section. 

6 ‘‘(2) FUNDING FLEXIBILITY.— 

7 ‘‘(A) IN GENERAL.—For fiscal years 2022 

8 through 2025, funds made available under 

9 paragraph (1) shall remain available until ex10 pended. 

11 ‘‘(B) UNCOMMITTED FUNDS.—If the Sec12 retary determines, at the end of a fiscal year, 

13 funds under paragraph (1) remain unexpended 

14 as a result of a lack of meritorious projects 

15 under this section, the Secretary may, for the 

16 following fiscal year, make remaining funds 

17 available under either this section or under sec18 tion 5505. 

19 ‘‘(g) ELIGIBLE ENTITY DEFINED.—In this section, 

20 the term ‘eligible entity’ means 

21 ‘‘(1) a State; 

22 ‘‘(2) a unit of local government; 

23 ‘‘(3) a transit agency; 


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1 ‘‘(4) any nonprofit institution of higher edu2 cation, including a university transportation center 

3 under section 5505; and 

4 ‘‘(5) a nonprofit organization.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 55 of title 49, United States Code, is amended by in7 serting after the item relating to section 5505 the fol8 lowing new item: 

‘‘5506. Unsolicited research initiative.’’. 

9 SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL 

10 FREIGHT TRANSPORTATION RESEARCH PRO11 GRAM. 

12 (a) IN GENERAL.—Chapter 702 of title 49, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 70205. National cooperative multimodal freight 

16 transportation research program 

17 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

18 the date of enactment of this section, the Secretary shall 

19 establish and support a national cooperative multimodal 

20 freight transportation research program. 

21 ‘‘(b) AGREEMENT.—Not later than 6 months after 

22 the date of enactment of this section, the Secretary shall 

23 seek to enter into an agreement with the National Acad24 emy of Sciences to support and carry out administrative 

25 and management activities relating to the governance of 


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1 the national cooperative multimodal freight transportation 

2 research program. 

3 ‘‘(c) ADVISORY COMMITTEE.—In carrying out the 

4 agreement described in subsection (b), the National Acad5 emy of Sciences shall select a multimodal freight transpor6 tation research advisory committee consisting of 

7 multimodal freight stakeholders, including, at a min8 imum— 

9 ‘‘(1) a representative of the Department of 

10 Transportation; 

11 ‘‘(2) representatives of any other Federal agen12 cies relevant in supporting the nation’s multimodal 

13 freight transportation research needs; 

14 ‘‘(3) a representative of a State department of 

15 transportation; 

16 ‘‘(4) a representative of a local government 

17 (other than a metropolitan planning organization); 

18 ‘‘(5) a representative of a metropolitan planning 

19 organization; 

20 ‘‘(6) a representative of the trucking industry; 

21 ‘‘(7) a representative of the railroad industry; 

22 ‘‘(8) a representative of the port industry; 

23 ‘‘(9) a representative of logistics industry; 

24 ‘‘(10) a representative of shipping industry; 


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1 ‘‘(11) a representative of a safety advocacy 

2 group with expertise in freight transportation; 

3 ‘‘(12) an academic expert on multimodal freight 

4 transportation; 

5 ‘‘(13) an academic expert on the contributions 

6 of freight movement to greenhouse gas emissions; 

7 and 

8 ‘‘(14) representatives of labor organizations. 

9 ‘‘(d) ELEMENTS.—The national cooperative 

10 multimodal freight transportation research program estab11 lished under this section shall include the following ele12 ments: 

13 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi14 sory committee under subsection (c), in consultation 

15 with interested parties, shall recommend a national 

16 research agenda for the program established in this 

17 section. 

18 ‘‘(2) INVOLVEMENT.—Interested parties may— 

19 ‘‘(A) submit research proposals to the advi20 sory committee; 

21 ‘‘(B) participate in merit reviews of re22 search proposals and peer reviews of research 

23 products; and 

24 ‘‘(C) receive research results. 


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1 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

2 RESEARCH PROPOSALS.—The National Academy of 

3 Sciences may award research contracts and grants 

4 under the program through open competition and 

5 merit review conducted on a regular basis. 

6 ‘‘(4) EVALUATION OF RESEARCH.— 

7 ‘‘(A) PEER REVIEW.—Research contracts 

8 and grants under the program may allow peer 

9 review of the research results. 

10 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

11 National Academy of Sciences shall conduct 

12 periodic programmatic evaluations on a regular 

13 basis of research contracts and grants. 

14 ‘‘(5) DISSEMINATION OF RESEARCH FIND15 INGS.— 

16 ‘‘(A) IN GENERAL.—The National Acad17 emy of Sciences shall disseminate research find18 ings to researchers, practitioners, and decision19 makers, through conferences and seminars, field 

20 demonstrations, workshops, training programs, 

21 presentations, testimony to government offi22 cials, a public website for the National Academy 

23 of Sciences, publications for the general public, 

24 and other appropriate means. 


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1 ‘‘(B) REPORT.—Not more than 18 months 

2 after the date of enactment of this section, and 

3 annually thereafter, the Secretary shall make 

4 available on a public website a report that de5 scribes the ongoing research and findings of the 

6 program. 

7 ‘‘(e) CONTENTS.—The national research agenda 

8 under subsection (d)(1) shall include— 

9 ‘‘(1) techniques and tools for estimating and 

10 identifying both quantitative and qualitative public 

11 benefits derived from multimodal freight transpor12 tation projects, including— 

13 ‘‘(A) greenhouse gas emissions reduction; 

14 ‘‘(B) congestion reduction; and 

15 ‘‘(C) safety benefits; 

16 ‘‘(2) the impact of freight delivery vehicles, in17 cluding trucks, railcars, and non-motorized vehicles, 

18 on congestion in urban and rural areas; 

19 ‘‘(3) the impact of both centralized and dis20 parate origins and destinations on freight movement; 

21 ‘‘(4) the impacts of increasing freight volumes 

22 on transportation planning, including— 

23 ‘‘(A) first-mile and last-mile challenges to 

24 multimodal freight movement; 


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1 ‘‘(B) multimodal freight travel in both 

2 urban and rural areas; and 

3 ‘‘(C) commercial motor vehicle parking and 

4 rest areas; 

5 ‘‘(5) the effects of Internet commerce and accel6 erated delivery speeds on freight movement and in7 creased commercial motor vehicle volume, including 

8 impacts on— 

9 ‘‘(A) safety on public roads; 

10 ‘‘(B) congestion in both urban and rural 

11 areas; 

12 ‘‘(C) first-mile and last-mile challenges and 

13 opportunities; 

14 ‘‘(D) the environmental impact of freight 

15 transportation, including on air quality and on 

16 greenhouse gas emissions; and 

17 ‘‘(E) vehicle miles-traveled by freight-deliv18 ering vehicles; 

19 ‘‘(6) the impacts of technological advancements 

20 in freight movement, including impacts on— 

21 ‘‘(A) congestion in both urban and rural 

22 areas; 

23 ‘‘(B) first-mile and last-mile challenges 

24 and opportunities; and 

25 ‘‘(C) vehicle miles-traveled; 


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1 ‘‘(7) methods and best practices for aligning 

2 multimodal infrastructure improvements with 

3 multimodal freight transportation demand, including 

4 improvements to the National Multimodal Freight 

5 Network under section 70103; and 

6 ‘‘(8) other research areas to identify and ad7 dress current, emerging, and future needs related to 

8 multimodal freight transportation. 

9 ‘‘(f) FUNDING.— 

10 ‘‘(1) FEDERAL SHARE.—The Federal share of 

11 the cost of an activity carried out under this section 

12 shall be 100 percent. 

13 ‘‘(2) PERIOD OF AVAILABILITY.—Amounts 

14 made available to carry out this section shall remain 

15 available until expended. 

16 ‘‘(g) DEFINITION OF GREENHOUSE GAS.—In this 

17 section, the term ‘greenhouse gas’ has the meaning given 

18 such term in section 211(o)(1) of the Clean Air Act (42 

19 U.S.C. 7545(o)(1)).’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 702 of title 49, United States Code, is amended by 

22 adding at the end the following new item: 

‘‘70205. National cooperative multimodal freight transportation research program.’’. 


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1 SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND 

2 HABITAT CONNECTIVITY IMPROVEMENT. 

3 (a) STUDY.— 

4 (1) IN GENERAL.—The Secretary of Transpor5 tation shall conduct a study examining methods to 

6 reduce collisions between motorists and wildlife (re7 ferred to in this section as ‘‘wildlife-vehicle colli8 sions’’). 

9 (2) CONTENTS.— 

10 (A) AREAS OF STUDY.—The study re11 quired under paragraph (1) shall— 

12 (i) update and expand on, as appro13 priate— 

14 (I) the report titled ‘‘Wildlife Ve15 hicle Collision Reduction Study: 2008 

16 Report to Congress’’: and 

17 (II) the document titled ‘‘Wildlife 

18 Vehicle Collision Reduction Study: 

19 Best Practices Manual’’ and dated 

20 October 2008; and 

21 (ii) include— 

22 (I) an assessment, as of the date 

23 of the study, of— 

24 (aa) the causes of wildlife25 vehicle collisions; 


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1 (bb) the impact of wildlife2 vehicle collisions on motorists 

3 and wildlife; and 

4 (cc) the impacts of roads 

5 and traffic on habitat 

6 connectivity for terrestrial and 

7 aquatic species; and 

8 (II) solutions and best practices 

9 for— 

10 (aa) reducing wildlife-vehicle 

11 collisions; and 

12 (bb) improving habitat 

13 connectivity for terrestrial and 

14 aquatic species. 

15 (B) METHODS.—In carrying out the study 

16 required under paragraph (1), the Secretary 

17 shall— 

18 (i) conduct a thorough review of re19 search and data relating to— 

20 (I) wildlife-vehicle collisions; and 

21 (II) habitat fragmentation that 

22 results from transportation infrastruc23 ture; 

24 (ii) survey current practices of the 

25 Department of Transportation and State 


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1 departments of transportation to reduce 

2 wildlife-vehicle collisions; and 

3 (iii) consult with— 

4 (I) appropriate experts in the 

5 field of wildlife-vehicle collisions; and 

6 (II) appropriate experts on the 

7 effects of roads and traffic on habitat 

8 connectivity for terrestrial and aquatic 

9 species. 

10 (3) REPORT.— 

11 (A) IN GENERAL.—Not later than 18 

12 months after the date of enactment of this Act, 

13 the Secretary shall submit to Congress a report 

14 on the results of the study required under para15 graph (1). 

16 (B) CONTENTS.—The report required 

17 under subparagraph (A) shall include— 

18 (i) a description of— 

19 (I) the causes of wildlife-vehicle 

20 collisions; 

21 (II) the impacts of wildlife-vehicle 

22 collisions; and 

23 (III) the impacts of roads and 

24 traffic on— 


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1 (aa) species listed as threat2 ened species or endangered spe3 cies under the Endangered Spe4 cies Act of 1973 (16 U.S.C. 1531 

5 et seq.); 

6 (bb) species identified by 

7 States as species of greatest con8 servation need; 

9 (cc) species identified in 

10 State wildlife plans; and 

11 (dd) medium and small ter12 restrial and aquatic species; 

13 (ii) an economic evaluation of the 

14 costs and benefits of installing highway in15 frastructure and other measures to miti16 gate damage to terrestrial and aquatic spe17 cies, including the effect on jobs, property 

18 values, and economic growth to society, ad19 jacent communities, and landowners; 

20 (iii) recommendations for preventing 

21 wildlife-vehicle collisions, including rec22 ommended best practices, funding re23 sources, or other recommendations for ad24 dressing wildlife-vehicle collisions; and 


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1 (iv) guidance to develop, for each 

2 State that agrees to participate, a vol3 untary joint statewide transportation and 

4 wildlife action plan. 

5 (C) PURPOSES.—The purpose of the guid6 ance described in subparagraph (B)(iv) shall 

7 be— 

8 (i) to address wildlife-vehicle colli9 sions; and 

10 (ii) to improve habitat connectivity for 

11 terrestrial and aquatic species; 

12 (D) CONSULTATION.—The Secretary shall 

13 develop the guidance described under subpara14 graph (B)(iv) in consultation with— 

15 (i) Federal land management agen16 cies; 

17 (ii) State departments of transpor18 tation; 

19 (iii) State fish and wildlife agencies; 

20 and 

21 (iv) Tribal governments. 

22 (b) STANDARDIZATION OF WILDLIFE COLLISION AND

23 CARCASS DATA.— 

24 (1) STANDARDIZATION METHODOLOGY.— 


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1 (A) IN GENERAL.—The Secretary of 

2 Transportation, acting through the Adminis3 trator of the Federal Highway Administration, 

4 shall develop a quality standardized method5 ology for collecting and reporting spatially accu6 rate wildlife collision and carcass data for the 

7 National Highway System, taking into consider8 ation the practicability of the methodology with 

9 respect to technology and cost. 

10 (B) METHODOLOGY.—In developing the 

11 standardized methodology under subparagraph 

12 (A), the Secretary shall— 

13 (i) survey existing methodologies and 

14 sources of data collection, including the 

15 Fatality Analysis Reporting System, the 

16 General Estimates System of the National 

17 Automotive Sampling System, and the 

18 Highway Safety Information System; and 

19 (ii) to the extent practicable, identify 

20 and correct limitations of such existing 

21 methodologies and sources of data collec22 tion. 

23 (C) CONSULTATION.—In developing the 

24 standardized methodology under subparagraph 

25 (A), the Secretary shall consult with— 


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1 (i) the Secretary of the Interior; 

2 (ii) the Secretary of Agriculture, act3 ing through the Chief of the Forest Serv4 ice; 

5 (iii) Tribal, State, and local transpor6 tation and wildlife authorities; 

7 (iv) metropolitan planning organiza8 tions (as such term is defined in section 

9 134(b) of title 23, United States Code); 

10 (v) members of the American Associa11 tion of State Highway and Transportation 

12 Officials; 

13 (vi) members of the Association of 

14 Fish and Wildlife Agencies; 

15 (vii) experts in the field of wildlife-ve16 hicle collisions; 

17 (viii) nongovernmental organizations; 

18 and 

19 (ix) other interested stakeholders, as 

20 appropriate. 

21 (2) STANDARDIZED NATIONAL DATA SYSTEM

22 WITH VOLUNTARY TEMPLATE IMPLEMENTATION.— 

23 The Secretary shall— 

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1 sion and carcass data system for the National 

2 Highway System that is based on the standard3 ized methodology developed under paragraph 

4 (1); and 

5 (B) encourage the voluntary implementa6 tion of the template developed under subpara7 graph (A) for States, metropolitan planning or8 ganizations, and additional relevant transpor9 tation stakeholders. 

10 (3) REPORTS.— 

11 (A) METHODOLOGY.—The Secretary shall 

12 submit to Congress a report describing the de13 velopment of the standardized methodology re14 quired under paragraph (1) not later than— 

15 (i) the date that is 18 months after 

16 the date of enactment of this Act; and 

17 (ii) the date that is 180 days after the 

18 date on which the Secretary completes the 

19 development of such standardized method20 ology. 

21 (B) IMPLEMENTATION.—Not later than 3 

22 years after the date of enactment of this Act, 

23 the Secretary shall submit to Congress a report 

24 describing— 


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1 (i) the status of the voluntary imple2 mentation of the standardized methodology 

3 developed under paragraph (1) and the 

4 template developed under paragraph 

5 (2)(A); 

6 (ii) whether the implementation of the 

7 standardized methodology developed under 

8 paragraph (1) and the template developed 

9 under paragraph (2)(A) has impacted ef10 forts by States, units of local government, 

11 and other entities— 

12 (I) to reduce the number of wild13 life-vehicle collisions; and 

14 (II) to improve habitat 

15 connectivity; 

16 (iii) the degree of the impact de17 scribed in clause (ii); and 

18 (iv) the recommendations of the Sec19 retary, including recommendations for fur20 ther study aimed at reducing motorist col21 lisions involving wildlife and improving 

22 habitat connectivity for terrestrial and 

23 aquatic species on the National Highway 

24 System, if any. 


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1 (c) NATIONAL THRESHOLD GUIDANCE.—The Sec2 retary of Transportation shall— 

3 (1) establish guidance, to be carried out by 

4 States on a voluntary basis, that contains a thresh5 old for determining whether a highway shall be eval6 uated for potential mitigation measures to reduce 

7 wildlife-vehicle collisions and increase habitat 

8 connectivity for terrestrial and aquatic species, tak9 ing into consideration— 

10 (A) the number of wildlife-vehicle collisions 

11 on the highway that pose a human safety risk; 

12 (B) highway-related mortality and effects 

13 of traffic on the highway on— 

14 (i) species listed as endangered spe15 cies or threatened species under the En16 dangered Species Act of 1973 (16 U.S.C. 

17 1531 et seq.); 

18 (ii) species identified by a State as 

19 species of greatest conservation need; 

20 (iii) species identified in State wildlife 

21 plans; and 

22 (iv) medium and small terrestrial and 

23 aquatic species; and 

24 (C) habitat connectivity values for terres25 trial and aquatic species and the barrier effect 


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1 of the highway on the movements and migra2 tions of those species. 

3 SEC. 5108. RESEARCH ACTIVITIES. 

4 Section 330(g) of title 49, United States Code, is 

5 amended by striking ‘‘each of fiscal years 2016 through 

6 2020’’ and inserting ‘‘each of fiscal years 2022 through 

7 2025’’. 

8 Subtitle B—Technology 

9 Deployment 

10 SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT 

11 PROGRAM. 

12 Section 503(c) of title 23, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (D) by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (B) in subparagraph (E) by striking the 

18 period and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(F) reducing greenhouse gas emissions 

21 and limiting the effects of climate change.’’; 

22 and 

23 (2) in paragraph (2)(A) by striking the period 

24 and inserting ‘‘and findings from the materials to 


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1 reduce greenhouse gas emissions program under 

2 subsection (d).’’. 

3 SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOY4 MENT OF PAVEMENT TECHNOLOGIES. 

5 Section 503(c)(3) of title 23, United States Code, is 

6 amended— 

7 (1) in subparagraph (B)— 

8 (A) in clause (v) by striking ‘‘; and’’ and 

9 inserting a semicolon; 

10 (B) in clause (vi) by striking the period 

11 and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(vii) the deployment of innovative 

14 pavement designs, materials, and practices 

15 that reduce or sequester the amount of 

16 greenhouse gas emissions generated during 

17 the production of highway materials and 

18 the construction of highways, with consid19 eration for findings from the materials to 

20 reduce greenhouse gas emissions program 

21 under subsection (d).’’; 

22 (2) in subparagraph (C) by striking ‘‘fiscal 

23 years 2016 through 2020’’ and inserting ‘‘fiscal 

24 years 2022 through 2025’’; and 

25 (3) in subparagraph (D)(ii)— 


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1 (A) in subclause (III) by striking ‘‘; and’’ 

2 and inserting a semicolon; 

3 (B) in subclause (IV) by striking the pe4 riod and inserting a semicolon; and 

5 (C) by adding at the end the following: 

6 ‘‘(V) pavement monitoring and 

7 data collection practices; 

8 ‘‘(VI) pavement durability and 

9 resilience; 

10 ‘‘(VII) stormwater management; 

11 ‘‘(VIII) impacts on vehicle effi12 ciency; 

13 ‘‘(IX) the energy efficiency of the 

14 production of paving materials and 

15 the ability of paving materials to en16 hance the environment and promote 

17 sustainability; 

18 ‘‘(X) integration of renewable en19 ergy in pavement designs; and 

20 ‘‘(XI) greenhouse gas emissions 

21 reduction, including findings from the 

22 materials to reduce greenhouse gas 

23 emissions program under subsection 

24 (d).’’. 


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1 SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY 

2 DAY COUNTS INITIATIVE. 

3 (a) IN GENERAL.—Chapter 5 of title 23, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 520. Every Day Counts initiative 

7 ‘‘(a) IN GENERAL.—It is in the national interest for 

8 the Department of Transportation, State departments of 

9 transportation, and all other recipients of Federal surface 

10 transportation funds— 

11 ‘‘(1) to identify, accelerate, and deploy innova12 tion aimed at expediting project delivery; 

13 ‘‘(2) enhancing the safety of the roadways of 

14 the United States, and protecting the environment; 

15 ‘‘(3) to ensure that the planning, design, engi16 neering, construction, and financing of transpor17 tation projects is done in an efficient and effective 

18 manner; 

19 ‘‘(4) to promote the rapid deployment of proven 

20 solutions that provide greater accountability for pub21 lic investments and encourage greater private sector 

22 involvement; and 

23 ‘‘(5) to create a culture of innovation within the 

24 highway community. 

25 ‘‘(b) EVERY DAY COUNTS INITIATIVE.—To advance 

26 the policy described in subsection (a), the Administrator 


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1 of the Federal Highway Administration shall continue the 

2 Every Day Counts initiative to work with States, local 

3 transportation agencies, and industry stakeholders to 

4 identify and deploy proven innovative practices and prod5 ucts that— 

6 ‘‘(1) accelerate innovation deployment; 

7 ‘‘(2) expedite the project delivery process; 

8 ‘‘(3) improve environmental sustainability; 

9 ‘‘(4) enhance roadway safety; 

10 ‘‘(5) reduce congestion; and 

11 ‘‘(6) reduce greenhouse gas emissions. 

12 ‘‘(c) CONSIDERATIONS.—In carrying out the Every 

13 Day Counts initiative, the Administrator shall consider 

14 any innovative practices and products in accordance with 

15 subsections (a) and (b), including— 

16 ‘‘(1) research results from the university trans17 portation centers program under section 5505 of 

18 title 49; and 

19 ‘‘(2) results from the materials to reduce green20 house gas emissions program in section 503(d). 

21 ‘‘(d) INNOVATION DEPLOYMENT.— 

22 ‘‘(1) IN GENERAL.—At least every 2 years, the 

23 Administrator shall work collaboratively with stake24 holders to identify a new collection of innovations, 

25 best practices, and data to be deployed to highway 


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1 stakeholders through case studies, outreach, and 

2 demonstration projects. 

3 ‘‘(2) REQUIREMENTS.—In identifying a collec4 tion described in paragraph (1), the Secretary shall 

5 take into account market readiness, impacts, bene6 fits, and ease of adoption of the innovation or prac7 tice. 

8 ‘‘(e) PUBLICATION.—Each collection identified under 

9 subsection (d) shall be published by the Administrator on 

10 a publicly available website. 

11 ‘‘(f) FUNDING.—The Secretary may use funds made 

12 available to carry out section 503(c) to carry out this sec13 tion.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 5 of title 23, United States Code, is amended by add16 ing at the end the following new item: 

‘‘520. Every Day Counts initiative.’’. 

17 (c) REPEAL.—Section 1444 of the FAST Act (23 

18 U.S.C. 101 note), and the item related to such section in 

19 the table of contents in section 1(b) of such Act, are re20 pealed. 

21 Subtitle C—Emerging Technologies 

22 SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH AD23 VANCED TECHNOLOGIES. 

24 Section 503(c)(4) of title 23, United States Code, is 

25 amended— 


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1 (1) in subparagraph (A)— 

2 (A) by striking ‘‘Not later than 6 months 

3 after the date of enactment of this paragraph, 

4 the’’ and inserting ‘‘The’’; 

5 (B) by striking ‘‘establish an advanced 

6 transportation and congestion management 

7 technologies deployment’’ and inserting ‘‘estab8 lish a safe, efficient mobility through advanced 

9 technologies’’; 

10 (C) by inserting ‘‘mobility,’’ before ‘‘effi11 ciency,’’; and 

12 (D) by inserting ‘‘environmental impacts,’’ 

13 after ‘‘system performance,’’; 

14 (2) in subparagraph (B)— 

15 (A) by striking clause (i) and inserting the 

16 following: 

17 ‘‘(i) reduce costs, improve return on 

18 investments, and improve person through19 put and mobility, including through the op20 timization of existing transportation capac21 ity;’’; 

22 (B) in clause (iv) by inserting ‘‘bicyclist 

23 and’’ before ‘‘pedestrian’’; 

24 (C) in clause (vii) by striking ‘‘; or’’ and 

25 inserting a semicolon; 


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1 (D) in clause (viii)— 

2 (i) by striking ‘‘accelerate’’ and insert3 ing ‘‘prepare for’’; 

4 (ii) by striking ‘‘autonomous’’ and in5 serting ‘‘automated’’; and 

6 (iii) by striking the period and insert7 ing ‘‘; or’’; and 

8 (E) by adding at the end the following: 

9 ‘‘(ix) reduce greenhouse gas emissions 

10 and limit the effects of climate change.’’; 

11 (3) in subparagraph (C)— 

12 (A) in clause (ii)(II)(aa) by striking ‘‘con13 gestion, and costs’’ and inserting ‘‘congestion 

14 and delays, greenhouse gas emissions, and costs 

15 incurred by road users’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(iii) CONSIDERATIONS.—An applica18 tion submitted under this paragraph may 

19 include a description of how the proposed 

20 project would support the national goals 

21 described in section 150(b), the achieve22 ment of metropolitan and statewide targets 

23 established under section 150(d), or the 

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1 cess consistent with section 150(f), includ2 ing through— 

3 ‘‘(I) the congestion and on-road 

4 mobile-source emissions performance 

5 measure established under section 

6 150(c)(5); or 

7 ‘‘(II) the greenhouse gas emis8 sions performance measure estab9 lished under section 150(c)(7).’’; 

10 (4) in subparagraph (D) by adding at the end 

11 the following: 

12 ‘‘(iv) PRIORITIZATION.—In awarding 

13 a grant under this paragraph, the Sec14 retary shall prioritize projects that, in ac15 cordance with the criteria described in sub16 paragraph (B)— 

17 ‘‘(I) improve person throughput 

18 and mobility, including through the 

19 optimization of existing transportation 

20 capacity; 

21 ‘‘(II) deliver environmental bene22 fits; 

23 ‘‘(III) reduce the number and se24 verity of traffic accidents and increase 


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1 driver, passenger, and bicyclist and 

2 pedestrian safety; or 

3 ‘‘(IV) reduce greenhouse gas 

4 emissions. 

5 ‘‘(v) GRANT DISTRIBUTION.—The 

6 Secretary shall award not fewer than 3 

7 grants under this paragraph based on the 

8 potential of the project to reduce the num9 ber and severity of traffic crashes and in10 crease, driver, passenger, and bicyclist and 

11 pedestrian safety.’’; 

12 (5) in subparagraph (E)— 

13 (A) in clause (vi)— 

14 (i) by inserting ‘‘, vehicle-to-pedes15 trian,’’ after ‘‘vehicle-to-vehicle’’; and 

16 (ii) by inserting ‘‘automated vehicles, 

17 systems to improve vulnerable road user 

18 safety,’’ after ‘‘technologies associated 

19 with’’ ; and 

20 (B) in clause (ix) by inserting ‘‘, including 

21 activities under section 5316 of title 49’’ after 

22 ‘‘disabled individuals’’; 

23 (6) by striking subparagraph (G) and inserting 

24 the following: 

25 ‘‘(G) REPORTING.— 


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1 ‘‘(i) APPLICABILITY OF LAW.—The 

2 program under this paragraph shall be 

3 subject to the accountability and oversight 

4 requirements in section 106(m). 

5 ‘‘(ii) REPORT.—Not later than 1 year 

6 after the date that the first grant is 

7 awarded under this paragraph, and each 

8 year thereafter, the Secretary shall make 

9 available to the public on a website a re10 port that describes the effectiveness of 

11 grant recipients in meeting their projected 

12 deployment plans, including data provided 

13 under subparagraph (F) on how the pro14 gram has— 

15 ‘‘(I) reduced traffic-related fatali16 ties and injuries; 

17 ‘‘(II) reduced traffic congestion 

18 and improved travel time reliability; 

19 ‘‘(III) reduced transportation-re20 lated emissions; 

21 ‘‘(IV) optimized multimodal sys22 tem performance; 

23 ‘‘(V) improved access to trans24 portation alternatives; 


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1 ‘‘(VI) provided the public with 

2 access to real-time integrated traffic, 

3 transit, and multimodal transpor4 tation information to make informed 

5 travel decisions; 

6 ‘‘(VII) provided cost savings to 

7 transportation agencies, businesses, 

8 and the traveling public; or 

9 ‘‘(VIII) provided other benefits to 

10 transportation users and the general 

11 public. 

12 ‘‘(iii) CONSIDERATIONS.—If applica13 ble, the Secretary shall ensure that the ac14 tivities described in subclauses (I) and (IV) 

15 of clause (ii) reflect— 

16 ‘‘(I) any information described in 

17 subparagraph (C)(iii) that is included 

18 by an applicant; or 

19 ‘‘(II) the project prioritization 

20 guidelines under subparagraph 

21 (D)(iv).’’; 

22 (7) in subparagraph (I) by striking ‘‘(i) IN

23 GENERAL’’ and all that follows through ‘‘the Sec24 retary may set aside’’ and inserting ‘‘Of the 


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1 amounts made available to carry out this paragraph, 

2 the Secretary may set aside’’; 

3 (8) in subparagraph (J) by striking the period 

4 at the end and inserting ‘‘, except that the Federal 

5 share of the cost of a project for which a grant is 

6 awarded under this paragraph shall not exceed 80 

7 percent.’’; 

8 (9) by striking subparagraph (M) and inserting 

9 the following: 

10 ‘‘(M) GRANT FLEXIBILITY.—If, by August 

11 1 of each fiscal year, the Secretary determines 

12 that there are not enough grant applications 

13 that meet the requirements described in sub14 paragraph (C) to carry out this paragraph for 

15 a fiscal year, the Secretary shall transfer to the 

16 technology and innovation deployment pro17 gram— 

18 ‘‘(i) any of the funds reserved for the 

19 fiscal year under subparagraph (I) that the 

20 Secretary has not yet awarded under this 

21 paragraph; and 

22 ‘‘(ii) an amount of obligation limita23 tion equal to the amount of funds that the 

24 Secretary transfers under subclause (I).’’; 

25 and 


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1 (10) in subparagraph (N)— 

2 (A) in clause (i) by inserting ‘‘an urban3 ized area with’’ before ‘‘a population of’’; and 

4 (B) in clause (iii) by striking ‘‘a any’’ and 

5 inserting ‘‘any’’. 

6 SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PRO7 GRAM. 

8 (a) USE OF FUNDS FOR ITS ACTIVITIES.—Section 

9 513(c)(1) of title 23, United States Code, is amended by 

10 inserting ‘‘greenhouse gas emissions reduction,’’ before 

11 ‘‘and congestion management’’. 

12 (b) GOALS AND PURPOSES.—Section 514(a) of title 

13 23, United States Code, is amended— 

14 (1) in paragraph (6) by striking ‘‘national 

15 freight policy goals’’ and inserting ‘‘national 

16 multimodal freight policy goals and activities de17 scribed in subtitle IX of title 49’’; 

18 (2) by redesignating paragraphs (4), (5), and 

19 (6) as paragraphs (5), (6), and (7), respectively; and 

20 (3) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) reduction of greenhouse gas emissions and 

23 mitigation of the effects of climate change;’’. 


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1 (c) GENERAL AUTHORITIES AND REQUIREMENTS.— 

2 Section 515(h) of title 23, United States Code, is amend3 ed— 

4 (1) in paragraph (2)— 

5 (A) by striking ‘‘20 members’’ and insert6 ing ‘‘25 members’’; 

7 (B) in subparagraph (A) by striking 

8 ‘‘State highway department’’ and inserting 

9 ‘‘State department of transportation’’; 

10 (C) in subparagraph (B) by striking ‘‘local 

11 highway department’’ and inserting ‘‘local de12 partment of transportation’’; 

13 (D) by striking subparagraphs (E), (F), 

14 (G), (H), (I), and (J) and inserting the fol15 lowing: 

16 ‘‘(E) a private sector representative of the 

17 intelligent transportation systems industry; 

18 ‘‘(F) a representative from an advocacy 

19 group concerned with safety, including bicycle 

20 and pedestrian interests; 

21 ‘‘(G) a representative with expertise in 

22 labor issues, including— 

23 ‘‘(i) disruptions due to technology; 

24 and 


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1 ‘‘(ii) opportunities and barriers re2 lated to transportation and the incorpora3 tion of emerging technology; and’’; 

4 (E) by redesignating subparagraph (K) as 

5 subparagraph (H); and 

6 (F) by striking subparagraph (L); 

7 (2) in paragraph (3)— 

8 (A) in subparagraph (A) by striking ‘‘sec9 tion 508’’ and inserting ‘‘section 6503 of title 

10 49’’; 

11 (B) in subparagraph (B)— 

12 (i) in clause (ii)— 

13 (I) by inserting ‘‘in both urban 

14 and rural areas’’ after ‘‘by users’’; 

15 and 

16 (II) by striking ‘‘; and’’ and in17 serting a semicolon; 

18 (ii) in clause (iii) by striking the pe19 riod and inserting ‘‘; and’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(iv) assess how Federal transpor23 tation resources, including programs under 

24 this title, are being used to advance intel25 ligent transportation systems.’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(C) Convene not less frequently than 

3 twice each year, either in person or remotely.’’; 

4 (3) in paragraph (4) by striking ‘‘May 1’’ and 

5 inserting ‘‘April 1’’; and 

6 (4) in paragraph (5) by inserting ‘‘, except that 

7 section 14 of such Act shall not apply’’ before the 

8 period at the end. 

9 (d) RESEARCH AND DEVELOPMENT.—Section 516(b) 

10 of title 23, United States Code, is amended— 

11 (1) by redesignating paragraphs (5), (6), and 

12 (7) as paragraphs (6), (7), and (8), respectively; and 

13 (2) by inserting after paragraph (4) the fol14 lowing: 

15 ‘‘(5) demonstrate reductions in greenhouse gas 

16 emissions;’’. 

17 SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND 

18 MOBILITY INNOVATION CLEARINGHOUSE. 

19 (a) IN GENERAL.—Chapter 55 of title 49, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 5507. National highly automated vehicle and mo23 bility innovation clearinghouse 

24 ‘‘(a) IN GENERAL.—The Secretary shall make a 

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1 search on the secondary impacts of highly automated vehi2 cles to— 

3 ‘‘(1) operate a national highly automated vehi4 cle and mobility innovation clearinghouse; 

5 ‘‘(2) collect, conduct, and fund research on the 

6 secondary impacts of highly automated vehicles and 

7 mobility innovation; 

8 ‘‘(3) make such research available on a public 

9 website; and 

10 ‘‘(4) conduct outreach and dissemination of the 

11 information described in this subsection to assist 

12 communities. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) HIGHLY AUTOMATED VEHICLE.—The term 

15 ‘highly automated vehicle’ means a motor vehicle 

16 that— 

17 ‘‘(A) is capable of performing the entire 

18 task of driving (including steering, accelerating 

19 and decelerating, and reacting to external stim20 ulus) without human intervention; and 

21 ‘‘(B) is designed to be operated exclusively 

22 by a Level 4 or Level 5 automated driving sys23 tem for all trips according to the recommended 

24 practice standards published on June 15, 2018, 

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1 national (J3016l201806) or equivalent stand2 ards adopted by the Secretary with respect to 

3 automated motor vehicles. 

4 ‘‘(2) MOBILITY INNOVATION.—The term ‘mobil5 ity innovation’ means an activity described in section 

6 5316, including mobility on demand and mobility as 

7 a service (as such terms are defined in such section). 

8 ‘‘(3) INSTITUTION OF HIGHER EDUCATION .— 

9 The term ‘institution of higher education’ has the 

10 meaning given the term in section 101 of the Higher 

11 Education Act of 1965 (20 U.S.C. 1001). 

12 ‘‘(4) SECONDARY IMPACTS.—The term ‘sec13 ondary impacts’ means the impacts on land use, 

14 urban design, transportation, real estate, accessi15 bility, municipal budgets, social equity, and the envi16 ronment.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 55 of title 49, United States Code, is amended by add19 ing at the end the following: 

‘‘5507. National highly automated vehicle and mobility innovation clearinghouse.’’. 

20 (c) DEADLINE FOR CLEARINGHOUSE.—The Sec21 retary of Transportation shall ensure that the institution 

22 of higher education that receives the grant described in 

23 section 5507(a)(1) of title 49, United States Code, as 

24 added by subsection (a), shall establish the national highly 


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1 automated vehicle clearinghouse described in such section 

2 not later than 180 days after the date of enactment of 

3 this Act. 

4 SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTO5 MATED VEHICLES AND ROAD USERS. 

6 (a) PURPOSE.—The purpose of this section shall be 

7 to ensure that the increasing deployment of automated ve8 hicles does not jeopardize the safety of road users. 

9 (b) STUDY.— 

10 (1) ESTABLISHMENT.—Not later than 9 

11 months after the date of enactment of this Act, the 

12 Secretary of Transportation shall initiate a study on 

13 the ability of automated vehicles to safely interact 

14 with other road users. 

15 (2) CONTENTS.—In carrying out the study 

16 under paragraph (1), the Secretary shall— 

17 (A) examine the ability of automated vehi18 cles to safely interact with general road users, 

19 including vulnerable road users; 

20 (B) identify barriers to improving the safe21 ty of interactions between automated vehicles 

22 and general road users; and 

23 (C) issue recommendations to improve the 

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1 cles and general road users, including, at a 

2 minimum— 

3 (i) technology advancements with the 

4 potential to facilitate safer interactions be5 tween automated vehicles and general road 

6 users given the safety considerations in 

7 paragraph (3); 

8 (ii) road user public awareness; and 

9 (iii) improvements to transportation 

10 planning and road design. 

11 (3) CONSIDERATIONS.—In carrying out the 

12 study under paragraph (1), the Secretary shall take 

13 into consideration whether automated vehicles can 

14 safely operate within the surface transportation sys15 tem, including— 

16 (A) the degree to which ordinary human 

17 behaviors make it difficult for an automated ve18 hicle to safely, reliably predict human actions; 

19 (B) unique challenges for automated vehi20 cles in urban and rural areas; 

21 (C) the degree to which an automated ve22 hicle is capable of uniformly recognizing and re23 sponding to individuals with disabilities and in24 dividuals of different sizes, ages, races, and 

25 other varying characteristics; 


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1 (D) for bicyclist and pedestrian road 

2 users— 

3 (i) the varying and non-standardized 

4 nature of bicyclist and pedestrian infra5 structure in different locations; 

6 (ii) the close proximity to motor vehi7 cles within which bicyclists often operate, 

8 including riding in unprotected bike lanes 

9 and crossing lanes to make a left turn, and 

10 the risk of such close proximity; and 

11 (iii) roadways that lack marked bicy12 clist infrastructure, particularly in 

13 midsized and rural areas, on which 

14 bicyclists often operate; and 

15 (E) depending on the level of automation 

16 of the vehicle, the degree to which human inter17 vention remains necessary to safely operate an 

18 automated vehicle to ensure the safety of gen19 eral road users in circumstances including— 

20 (i) dangerous weather; 

21 (ii) an electronic or system malfunc22 tion of the automated vehicle; and 

23 (iii) a cybersecurity threat to the op24 eration of the vehicle. 


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1 (4) PUBLIC COMMENT.—Before conducting the 

2 study under paragraph (1), the Secretary shall pro3 vide an opportunity for public comment on the study 

4 proposal. 

5 (c) WORKING GROUP.— 

6 (1) ESTABLISHMENT.—Not later than 6 

7 months after the date of enactment of this Act, the 

8 Secretary of Transportation shall establish a work9 ing group to assist in the development of the study 

10 and recommendations under subsection (b). 

11 (2) MEMBERSHIP.—The working group estab12 lished under paragraph (1) shall include representa13 tion from— 

14 (A) the National Highway Traffic Safety 

15 Administration; 

16 (B) State departments of transportation; 

17 (C) local governments (other than metro18 politan planning organizations, as such term is 

19 defined in section 134(b) of title 23, United 

20 States Code); 

21 (D) transit agencies; 

22 (E) metropolitan planning organizations 

23 (as such term is defined in section 134(b) of 

24 title 23, United States Code); 

25 (F) bicycle and pedestrian safety groups; 


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1 (G) highway and automobile safety groups; 

2 (H) truck safety groups; 

3 (I) law enforcement officers and first re4 sponders; 

5 (J) motor carriers and independent owner6 operators; 

7 (K) the road construction industry; 

8 (L) labor organizations; 

9 (M) academic experts on automated vehicle 

10 technologies; 

11 (N) manufacturers of both passenger and 

12 commercial automated vehicles; and 

13 (O) other industries and entities as the 

14 Secretary determines appropriate. 

15 (3) DUTIES.—The working group established 

16 under paragraph (1) shall assist the Secretary by, at 

17 a minimum— 

18 (A) assisting in the development of the 

19 scope of the study under subsection (b); 

20 (B) reviewing the data and analysis from 

21 such study; 

22 (C) provide ongoing recommendations and 

23 feedback to ensure that such study reflects the 

24 contents described in paragraphs (2) and (3) of 

25 subsection (b); and 


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1 (D) providing input to the Secretary on 

2 recommendations required under subsection 

3 (b)(2)(C). 

4 (4) APPLICABILITY OF THE FEDERAL ADVISORY

5 COMMITTEE ACT.—The working group under this 

6 subsection shall be subject to the Federal Advisory 

7 Committee Act (5 U.S.C. App.), except that section 

8 14 of such Act shall not apply. 

9 (d) REPORT.—Not later than 2 years after the date 

10 of enactment of this Act, the Secretary of Transportation 

11 shall submit to the Committee on Transportation and In12 frastructure of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate, and make publicly available, the study initiated 

15 under subsection (b), including recommendations for en16 suring that automated vehicles safely interact with general 

17 road users. 

18 (e) DEFINITIONS.—In this section: 

19 (1) AUTOMATED VEHICLE.—The term ‘‘auto20 mated vehicle’’ means a motor vehicle equipped with 

21 Level 3, Level 4, or Level 5 automated driving sys22 tems for all trips according to the recommended 

23 practice standards published on June 15, 2018 by 

24 the Society of Automotive Engineers International 

25 (J3016l201806) or equivalent standards adopted 


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1 by the Secretary with respect to automated motor 

2 vehicles. 

3 (2) GENERAL ROAD USERS.—The term ‘‘gen4 eral road users’’ means— 

5 (A) motor vehicles driven by individuals; 

6 (B) bicyclists and pedestrians; 

7 (C) motorcyclists; 

8 (D) workers in roadside construction 

9 zones; 

10 (E) emergency response vehicles, including 

11 first responders; 

12 (F) vehicles providing local government 

13 services, including street sweepers and waste 

14 collection vehicles; 

15 (G) law enforcement officers; 

16 (H) personnel who manually direct traffic, 

17 including crossing guards; and 

18 (I) other road users that may interact with 

19 automated vehicles, as determined by the Sec20 retary of Transportation. 

21 (3) VULNERABLE ROAD USER.—The term ‘‘vul22 nerable road user’’ has the meaning given such term 

23 in section 148(a) of title 23, United States Code. 


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1 SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPOR2 TATION TECHNOLOGY COUNCIL. 

3 (a) IN GENERAL.—Chapter 1 of title 49, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 118. Nontraditional and Emerging Transportation 

7 Technology Council 

8 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor9 tation shall establish a Nontraditional and Emerging 

10 Transportation Technology Council (hereinafter referred 

11 to as the ‘Council’) in accordance with this section. 

12 ‘‘(b) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—The Council shall be com14 posed of the following officers of the Department of 

15 Transportation: 

16 ‘‘(A) The Secretary of Transportation. 

17 ‘‘(B) The Deputy Secretary of Transpor18 tation. 

19 ‘‘(C) The Under Secretary of Transpor20 tation for Policy. 

21 ‘‘(D) The General Counsel of the Depart22 ment of Transportation. 

23 ‘‘(E) The Chief Information Officer of the 

24 Department of Transportation. 

25 ‘‘(F) The Assistant Secretary for Research 

26 and Technology. 


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1 ‘‘(G) The Assistant Secretary for Budget 

2 and Programs. 

3 ‘‘(H) The Administrator of the Federal 

4 Aviation Administration. 

5 ‘‘(I) The Administrator of the Federal 

6 Highway Administration. 

7 ‘‘(J) The Administrator of the Federal 

8 Motor Carrier Safety Administration. 

9 ‘‘(K) The Administrator of the Federal 

10 Railroad Administration. 

11 ‘‘(L) The Administrator of the Federal 

12 Transit Administration. 

13 ‘‘(M) The Administrator of the Federal 

14 Maritime Administration. 

15 ‘‘(N) The Administrator of the National 

16 Highway Traffic Safety Administration. 

17 ‘‘(O) The Administrator of the Pipeline 

18 and Hazardous Materials Safety Administra19 tion. 

20 ‘‘(2) ADDITIONAL MEMBERS.—The Secretary 

21 may designate additional members of the Depart22 ment to serve as at-large members of the Council. 

23 ‘‘(3) CHAIR AND VICE CHAIR.—The Secretary 

24 may designate officials to serve as the Chair and 


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1 Vice Chair of the Council and of any working groups 

2 of the Council. 

3 ‘‘(c) DUTIES.—The Council shall— 

4 ‘‘(1) identify and resolve any jurisdictional or 

5 regulatory gaps or inconsistencies associated with 

6 nontraditional and emerging transportation tech7 nologies, modes, or projects pending or brought be8 fore the Department to eliminate, so far as prac9 ticable, impediments to the prompt and safe deploy10 ment of new and innovative transportation tech11 nology, including with respect to safety regulation 

12 and oversight, environmental review, and funding 

13 issues; 

14 ‘‘(2) coordinate the Department’s internal over15 sight of nontraditional and emerging transportation 

16 technologies, modes, or projects and engagement 

17 with external stakeholders; 

18 ‘‘(3) within applicable statutory authority other 

19 than this paragraph, develop and establish depart20 ment-wide processes, solutions, and best practices 

21 for identifying, managing and resolving issues re22 garding emerging transportation technologies, 

23 modes, or projects pending or brought before the 

24 Department; and 


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1 ‘‘(4) carry out such additional duties as the 

2 Secretary may prescribe, to the extent consistent 

3 with this title, including subsections (f)(2) and (g) 

4 of section 106.’’. 

5 (b) CLERICAL AMENDMENT.—The analysis for chap6 ter 1 of title 49, United States Code, is amended by add7 ing at the end the following: 

‘‘118. Nontraditional and Emerging Transportation Technology Council.’’. 

8 SEC. 5306. HYPERLOOP TRANSPORTATION. 

9 (a) IN GENERAL.—Not later than 6 months after the 

10 date of enactment of this Act, the Secretary of Transpor11 tation, acting through the Nontraditional and Emerging 

12 Transportation Technology Council of the Department of 

13 Transportation, shall issue guidance to provide a clear 

14 regulatory framework for the safe deployment of hyperloop 

15 transportation. 

16 (b) ELEMENTS.—In developing the guidance under 

17 subsection (a), the Council shall— 

18 (1) consider safety, oversight, environmental, 

19 project delivery, and other regulatory requirements 

20 prescribed by various modal administrations in the 

21 Department; 

22 (2) clearly delineate between relevant authori23 ties with respect to hyperloop transportation in the 

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1 gle point of access to the Department to inquire 

2 about projects, plans, and proposals; 

3 (3) establish clear, coordinated procedures for 

4 the regulation of hyperloop transportation projects; 

5 and 

6 (4) develop and establish department-wide proc7 esses, solutions, and best practices for identifying, 

8 managing, and resolving matters regarding 

9 hyperloop transportation subject to the Depart10 ment’s jurisdiction. 

11 Subtitle D—Surface Transportation 

12 Funding Pilot Programs 

13 SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM 

14 FUNDING PILOTS. 

15 Section 6020 of the FAST Act (23 U.S.C. 503 note) 

16 is amended— 

17 (1) by striking subsection (b) and inserting the 

18 following: 

19 ‘‘(b) ELIGIBILITY.— 

20 ‘‘(1) APPLICATION.—To be eligible for a grant 

21 under this section, a State or group of States shall 

22 submit to the Secretary an application in such form 

23 and containing such information as the Secretary 

24 may require. 


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1 ‘‘(2) ELIGIBLE PROJECTS.—The Secretary may 

2 provide grants to States under this section for the 

3 following projects: 

4 ‘‘(A) STATE PILOT PROJECTS.—A pilot 

5 project to demonstrate a user-based alternative 

6 revenue mechanism in a State that has received 

7 not more than 1 grant under this section. 

8 ‘‘(B) STATE IMPLEMENTATION

9 PROJECTS.—A project— 

10 ‘‘(i) to implement a user-based alter11 native revenue mechanism that collects rev12 enue to be expended on projects for the 

13 surface transportation system of the State; 

14 and 

15 ‘‘(ii) that is comprised of activities not 

16 substantially similar in manner or scope to 

17 activities previously carried out by the re18 cipient with a grant for a pilot project to 

19 demonstrate such a mechanism under this 

20 section, unless such activities are essential 

21 to the implementation of a surface trans22 portation system funding alternative.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1) by striking ‘‘2 or 

25 more future’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(6) To test solutions to ensure the privacy and 

3 security of data collected for the purpose of imple4 menting a user-based alternative revenue mecha5 nism.’’; 

6 (3) in subsection (d) by striking ‘‘to test the de7 sign, acceptance, and implementation of a user8 based alternative revenue mechanism’’ and inserting 

9 ‘‘to test the design and acceptance of, or implement, 

10 a user-based alternative revenue mechanism’’; 

11 (4) in subsection (g) by striking ‘‘50 percent’’ 

12 and inserting ‘‘80 percent’’; 

13 (5) in subsection (i)— 

14 (A) in the heading by striking ‘‘BIENNIAL’’ 

15 and inserting ‘‘ANNUAL’’; 

16 (B) by striking ‘‘2 years after the date of 

17 enactment of this Act’’ and inserting ‘‘1 year 

18 after the date of enactment of the INVEST in 

19 America Act’’; 

20 (C) by striking ‘‘every 2 years thereafter’’ 

21 and inserting ‘‘every year thereafter’’; and 

22 (D) by inserting ‘‘and containing a deter23 mination of the characteristics of the most suc24 cessful mechanisms with the highest potential 


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1 for future widespread deployment’’ before the 

2 period at the end; and 

3 (6) by striking subsections (j) and (k) and in4 serting the following: 

5 ‘‘(j) FUNDING.—Of amounts made available to carry 

6 out this section— 

7 ‘‘(1) for fiscal year 2022, $17,500,000 shall be 

8 used to carry out projects under subsection 

9 (b)(2)(A) and $17,5000,000 shall be used to carry 

10 out projects under subsection (b)(2)(B); 

11 ‘‘(2) for fiscal year 2023, $15,000,000 shall be 

12 used to carry out projects under subsection 

13 (b)(2)(A) and $20,000,000 shall be used to carry 

14 out projects under subsection (b)(2)(B); 

15 ‘‘(3) for fiscal year 2024, $12,500,000 shall be 

16 used to carry out projects under subsection 

17 (b)(2)(A) and $22,500,000 shall be used to carry 

18 out projects under subsection (b)(2)(B); and 

19 ‘‘(4) for fiscal year 2025, $10,000,000 shall be 

20 used to carry out projects under subsection 

21 (b)(2)(A) and $25,000,000 shall be used to carry 

22 out projects under subsection (b)(2)(B). 

23 ‘‘(k) FUNDING FLEXIBILITY.—Funds made available 

24 in a fiscal year for making grants for projects under sub25 section (b)(2) that are not expended in such fiscal year 


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1 may be made available in the following fiscal year for 

2 projects under such subsection or for the national surface 

3 transportation system funding pilot under section 5402 of 

4 the INVEST in America Act.’’. 

5 SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM 

6 FUNDING PILOT. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—The Secretary of Transpor9 tation, in coordination with the Secretary of the 

10 Treasury, shall establish a pilot program to dem11 onstrate a national motor vehicle per-mile user fee to 

12 restore and maintain the long-term solvency of the 

13 Highway Trust Fund and achieve and maintain a 

14 state of good repair in the surface transportation 

15 system. 

16 (2) OBJECTIVES.—The objectives of the pilot 

17 program are to— 

18 (A) test the design, acceptance, implemen19 tation, and financial sustainability of a national 

20 per-mile user fee; 

21 (B) address the need for additional rev22 enue for surface transportation infrastructure 

23 and a national per-mile user fee; and 


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1 (C) provide recommendations regarding 

2 adoption and implementation of a national per3 mile user fee. 

4 (b) PARAMETERS.—In carrying out the pilot program 

5 established under subsection (a), the Secretary of Trans6 portation, in coordination with the Secretary of the Treas7 ury, shall— 

8 (1) provide different methods that volunteer 

9 participants can choose from to track motor vehicle 

10 miles traveled; 

11 (2) solicit volunteer participants from all 50 

12 States and the District of Columbia; 

13 (3) ensure an equitable geographic distribution 

14 by population among volunteer participants; 

15 (4) include commercial vehicles and passenger 

16 motor vehicles in the pilot program; and 

17 (5) use components of, and information from, 

18 the States selected for the State surface transpor19 tation system funding pilot program under section 

20 6020 of the FAST Act (23 U.S.C. 503 note). 

21 (c) METHODS.— 

22 (1) TOOLS.—In selecting the methods described 

23 in subsection (b)(1), the Secretary of Transportation 

24 shall coordinate with entities that voluntarily provide 


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1 to the Secretary for use in the program any of the 

2 following vehicle-miles-traveled collection tools: 

3 (A) Third-party on-board diagnostic 

4 (OBD–II) devices. 

5 (B) Smart phone applications. 

6 (C) Telemetric data collected by auto7 makers. 

8 (D) Motor vehicle data obtained by car in9 surance companies. 

10 (E) Data from the States selected for the 

11 State surface transportation system funding 

12 pilot program under section 6020 of the FAST 

13 Act (23 U.S.C. 503 note). 

14 (F) Motor vehicle data obtained from fuel15 ing stations. 

16 (G) Any other method that the Secretary 

17 considers appropriate. 

18 (2) COORDINATION.— 

19 (A) SELECTION.—The Secretary shall de20 termine which methods under paragraph (1) are 

21 selected for the pilot program. 

22 (B) VOLUNTEER PARTICIPANTS.—In a 

23 manner that the Secretary considers appro24 priate, the Secretary shall provide each selected 

25 method to each volunteer participant. 


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1 (d) PER-MILE USER FEES.—For the purposes of the 

2 pilot program established in subsection (a), the Secretary 

3 of the Treasury shall establish on an annual basis— 

4 (1) for passenger vehicles and light trucks, a 

5 per-mile user fee that is equivalent to— 

6 (A) the average annual taxes imposed by 

7 sections 4041 and 4081 of the Internal Rev8 enue Code of 1986 with respect to gasoline or 

9 any other fuel used in a motor vehicle (other 

10 than aviation gasoline or diesel), divided by 

11 (B) the total vehicle miles traveled by pas12 senger vehicles and light trucks; and 

13 (2) for medium- and heavy-duty trucks, a per14 mile user fee that is equivalent to— 

15 (A) the average annual taxes imposed by 

16 sections 4041 and 4081 of such Code with re17 spect to diesel fuel, divided by 

18 (B) the total vehicle miles traveled by 

19 medium- and heavy-duty trucks. 

20 Taxes shall only be taken into account under the 

21 preceding sentence to the extent taken into account 

22 in determining appropriations to the Highway Trust 

23 Fund under section 9503(b) of such Code, and the 

24 amount so determined shall be reduced to account 


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1 for transfers from such fund under paragraphs (3), 

2 (4), and (5) of section 9503(c) of such Code. 

3 (e) VOLUNTEER PARTICIPANTS.—The Secretary of 

4 Transportation, in coordination with the Secretary of the 

5 Treasury, shall— 

6 (1) ensure, to the extent practicable, that an 

7 appropriate number of volunteer participants partici8 pate in the pilot program; and 

9 (2) issue policies to— 

10 (A) protect the privacy of volunteer partici11 pants; and 

12 (B) secure the data provided by volunteer 

13 participants. 

14 (f) PUBLIC AWARENESS CAMPAIGN.—The Secretary 

15 of Transportation may carry out a public awareness cam16 paign to increase public awareness regarding a national 

17 per-mile user fee, including distributing information re18 lated to the pilot program carried out under this section, 

19 information from the State surface transportation system 

20 funding pilot program under section 6020 of the FAST 

21 Act (23 U.S.C. 503 note). 

22 (g) REVENUE COLLECTION.—The Secretary of the 

23 Treasury, in coordination with the Secretary of Transpor24 tation, shall establish a mechanism to collect per-mile user 


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1 fees established under subsection (d) from volunteer par2 ticipants. Such mechanism— 

3 (1) may be adjusted as needed to address tech4 nical challenges; and 

5 (2) may allow third-party vendors to collect the 

6 per-mile user fees and forward such fees to the 

7 Treasury. 

8 (h) AGREEMENT.—The Secretary of Transportation 

9 may enter into an agreement with a volunteer participant 

10 containing such terms and conditions as the Secretary 

11 considers necessary for participation in the pilot program. 

12 (i) LIMITATION.—Any revenue collected through the 

13 mechanism established in subsection (g) shall not be con14 sidered a toll under section 301 of title 23, United States 

15 Code. 

16 (j) HIGHWAY TRUST FUND.—The Secretary of the 

17 Treasury shall ensure that any revenue collected under 

18 subsection (f) is deposited into the Highway Trust Fund. 

19 (k) REFUND.—Not more than 45 days after the end 

20 of each calendar quarter in which a volunteer participant 

21 has participated in the pilot program, the Secretary of the 

22 Treasury shall calculate and issue an equivalent refund 

23 to volunteer participants for applicable Federal motor fuel 

24 taxes under section 4041 and section 4081 of the Internal 


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1 Revenue Code of 1986, the applicable battery tax under 

2 section 4111 of such Code, or both, if applicable. 

3 (l) REPORT TO CONGRESS.—Not later than 1 year 

4 after the date on which volunteer participants begin par5 ticipating in the pilot program, and each year thereafter 

6 for the duration of the pilot program, the Secretary of 

7 Transportation and the Secretary of the Treasury shall 

8 submit to the Committee on Transportation and Infra9 structure of the House of Representatives and the Com10 mittee on Environment and Public Works of the Senate 

11 a report that includes an analysis of— 

12 (1) whether the objectives described in sub13 section (a)(2) were achieved; 

14 (2) how volunteer protections in subsection 

15 (f)(2) were complied with; and 

16 (3) whether per-mile user fees can maintain the 

17 long-term solvency of the Highway Trust Fund and 

18 achieve and maintain a state of good repair in the 

19 surface transportation system. 

20 (m) SUNSET.—The pilot program established under 

21 this section shall expire on the date that is 4 years after 

22 the date on which volunteer participants begin partici23 pating in such program. 

24 (n) DEFINITIONS.—In this section, the following defi25 nitions apply: 


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1 (1) COMMERCIAL VEHICLE.—The term ‘‘com2 mercial vehicle’’ has the meaning given the term 

3 commercial motor vehicle in section 31101 of title 

4 49, United States Code. 

5 (2) HIGHWAY TRUST FUND.—The term ‘‘High6 way Trust Fund’’ means the Highway Trust Fund 

7 established under section 9503 of the Internal Rev8 enue Code of 1986. 

9 (3) LIGHT TRUCK.—The term ‘‘light truck’’ has 

10 the meaning given the term in section 523.2 of title 

11 49, Code of Federal Regulations. 

12 (4) MEDIUM- AND HEAVY-DUTY TRUCK.—The 

13 term ‘‘medium- and heavy-duty truck’’ has the 

14 meaning given the term ‘‘commercial medium- and 

15 heavy-duty on-highway vehicle’’ in section 32901(a) 

16 of title 49, United States Code. 

17 (5) PER-MILE USER FEE.—The term ‘‘per-mile 

18 user fee’’ means a revenue mechanism that— 

19 (A) is applied to road users operating 

20 motor vehicles on the surface transportation 

21 system; and 

22 (B) is based on the number of vehicle miles 

23 traveled by an individual road user. 

24 (6) VOLUNTEER PARTICIPANT.—The term ‘‘vol25 unteer participant’’ means— 


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1 (A) an owner or lessee of an individual pri2 vate motor vehicle who volunteers to participate 

3 in the pilot program; 

4 (B) a commercial vehicle operator who vol5 unteers to participate in the pilot program; or 

6 (C) an owner of a motor vehicle fleet who 

7 volunteers to participate in the pilot program. 

8 Subtitle E—Miscellaneous 

9 SEC. 5501. ERGONOMIC SEATING WORKING GROUP. 

10 (a) IN GENERAL.— 

11 (1) ESTABLISHMENT.—Not later than 180 days 

12 after the date of enactment of this Act, the Sec13 retary of Transportation shall convene a working 

14 group to examine the seating standards for commer15 cial drivers. 

16 (2) MEMBERS.—At a minimum, the working 

17 group shall include— 

18 (A) seat manufacturers; 

19 (B) commercial vehicle manufacturers; 

20 (C) transit vehicle manufacturers; 

21 (D) labor representatives for the trucking 

22 industry; 

23 (E) representatives from organizations en24 gaged in collective bargaining on behalf of tran25 sit workers in not fewer than 3 States; and 


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1 (F) musculoskeletal health experts. 

2 (b) OBJECTIVES.—The Secretary shall pursue the 

3 following objectives through the working group: 

4 (1) To identify health issues, including mus5 culoskeletal health issues, that afflict commercial 

6 drivers due to sitting for long periods of time while 

7 on duty. 

8 (2) To identify research topics for further devel9 opment and best practices to improve seating. 

10 (3) To determine ways to incorporate improved 

11 seating into manufacturing standards for public 

12 transit vehicles and commercial vehicles. 

13 (c) REPORT.— 

14 (1) SUBMISSION.—Not later than 18 months 

15 after the date of enactment of this Act, the working 

16 group shall submit to the Secretary, the Committee 

17 on Transportation and Infrastructure of the House 

18 of Representatives, and the Committee on Banking, 

19 Housing, and Urban Affairs and the Committee on 

20 Commerce, Science, and Transportation of the Sen21 ate a report on the findings of the working group 

22 under this section and any recommendations for the 

23 adoption of better ergonomic seating for commercial 

24 drivers. 


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1 (2) PUBLICATION.—Upon receipt of the report 

2 in paragraph (1), the Secretary shall publish the re3 port on a publicly accessible website of the Depart4 ment. 

5 (d) APPLICABILITY OF FEDERAL ADVISORY COM6 MITTEE ACT.—The Advisory Committee shall be subject 

7 to the Federal Advisory Committee Act (5 U.S.C. App.). 

8 SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED 

9 STATES CODE. 

10 (a) IN GENERAL.—Section 6314 of title 49, United 

11 States Code, is repealed. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) TITLE ANALYSIS.—The analysis for chapter 

14 63 of title 49, United States Code, is amended by 

15 striking the item relating to section 6314. 

16 (2) SECTION 6307.—Section 6307(b) of title 49, 

17 United States Code, is amended— 

18 (A) in paragraph (1)— 

19 (i) in subparagraph (A) by striking 

20 ‘‘or section 6314(b)’’; 

21 (ii) in subparagraph (B) by striking 

22 ‘‘or section 6314(b)’’; and 

23 (iii) in subparagraph (C) by striking 

24 ‘‘or section 6314(b)’’; and 


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1 (B) in paragraph (2)(A) by striking ‘‘or 

2 section 6314(b)’’. 

3 SEC. 5503. REPORTS. 

4 Section 308(e)(1) of title 49, United States Code, is 

5 amended by inserting ‘‘, including public ferry systems,’’ 

6 after ‘‘mass transportation systems’’. 

7 TITLE VI—MULTIMODAL 

8 TRANSPORTATION 

9 SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY. 

10 Section 70101(b) of title 49, United States Code, is 

11 amended— 

12 (1) in paragraph (2) by inserting ‘‘in rural and 

13 urban areas’’ after ‘‘freight transportation’’; 

14 (2) in paragraph (7)— 

15 (A) in subparagraph (B) by striking ‘‘; 

16 and’’ and inserting a semicolon; 

17 (B) by redesignating subparagraph (C) as 

18 subparagraph (D); and 

19 (C) by inserting after subparagraph (B) 

20 the following: 

21 ‘‘(C) travel within population centers; 

22 and’’; 

23 (3) in paragraph (9) by striking ‘‘; and’’ and in24 serting the following: ‘‘including— 

25 ‘‘(A) greenhouse gas emissions; 


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1 ‘‘(B) local air pollution; 

2 ‘‘(C) minimizing, capturing, or treating 

3 stormwater runoff or other adverse impacts to 

4 water quality; and 

5 ‘‘(D) wildlife habitat loss;’’; 

6 (4) by redesignating paragraph (10) as para7 graph (11); and 

8 (5) by inserting after paragraph (9) the fol9 lowing: 

10 ‘‘(10) to decrease any adverse impact of freight 

11 transportation on communities located near freight 

12 facilities or freight corridors; and’’. 

13 SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN. 

14 Section 70102(c) of title 49, United States Code, is 

15 amended by striking ‘‘shall’’ and all that follows through 

16 the end and inserting the following: ‘‘shall— 

17 ‘‘(1) update the plan and publish the updated 

18 plan on the public website of the Department of 

19 Transportation; and 

20 ‘‘(2) include in the update described in para21 graph (1)— 

22 ‘‘(A) each item described in subsection (b); 

23 and 

24 ‘‘(B) best practices to reduce the adverse 

25 environmental impacts of freight-related— 


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1 ‘‘(i) greenhouse gas emissions; 

2 ‘‘(ii) local air pollution; 

3 ‘‘(iii) stormwater runoff or other ad4 verse impacts to water quality; and 

5 ‘‘(iv) wildlife habitat loss.’’. 

6 SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK. 

7 Section 70103 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (b)(2)(C) by striking ‘‘of the 

10 United States that have’’ and inserting the fol11 lowing: ‘‘of the United States that— 

12 ‘‘(i) have a total annual value of cargo 

13 of at least $1,000,000,000, as identified by 

14 United States Customs and Border Protec15 tion and reported by the Bureau of the 

16 Census; or 

17 ‘‘(ii) have’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (1) by striking ‘‘Not 

20 later than 1 year after the date of enactment of 

21 this section,’’ and inserting the following: 

22 ‘‘(A) REPORT TO CONGRESS.—Not later 

23 than 30 days after the date of enactment of the 

24 INVEST in America Act, the Secretary shall 

25 submit to the Committee on Transportation and 


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1 Infrastructure of the House of Representatives 

2 and the Committee on Commerce, Science, and 

3 Transportation of the Senate a report detailing 

4 a plan to designate a final National Multimodal 

5 Freight Network, including a detailed summary 

6 of the resources within the Office of the Sec7 retary that will be dedicated to carrying out 

8 such plan. 

9 ‘‘(B) DESIGNATION OF NATIONAL

10 MULTIMODAL FREIGHT NETWORK.—Not later 

11 than 60 days after the submission of the report 

12 described in subparagraph (A),’’; 

13 (B) in paragraph (3)(C)— 

14 (i) by inserting ‘‘and metropolitan 

15 planning organizations’’ after ‘‘States’’; 

16 and 

17 (ii) by striking ‘‘paragraph (4)’’ and 

18 inserting ‘‘paragraphs (4) and (5)’’; 

19 (C) in paragraph (4)— 

20 (i) in the header by inserting ‘‘AND

21 METROPOLITAN PLANNING ORGANIZATION’’ 

22 after ‘‘STATE’’; 

23 (ii) by redesignating subparagraph 

24 (D) as subparagraph (E); and 


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1 (iii) by striking subparagraph (C) and 

2 inserting the following: 

3 ‘‘(C) CRITICAL URBAN FREIGHT FACILI4 TIES AND CORRIDORS.— 

5 ‘‘(i) AREA WITH A POPULATION OF

6 OVER 500,000.—In an urbanized area with 

7 a population of 500,000 or more individ8 uals, the representative metropolitan plan9 ning organization, in consultation with the 

10 State, may designate a freight facility or 

11 corridor within the borders of the State as 

12 a critical urban freight facility or corridor. 

13 ‘‘(ii) AREA WITH A POPULATION OF

14 LESS THAN 500,000.—In an urbanized area 

15 with a population of less than 500,000 in16 dividuals, the State, in consultation with 

17 the representative metropolitan planning 

18 organization, may designate a freight facil19 ity or corridor within the borders of the 

20 State as a critical urban freight corridor. 

21 ‘‘(iii) DESIGNATION.—A designation 

22 may be made under subparagraph (i) or 

23 (ii) if the facility or corridor is in an ur24 banized area, regardless of population, and 

25 such facility or corridor— 


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1 ‘‘(I) provides access to the pri2 mary highway freight system, the 

3 Interstate system, or an intermodal 

4 freight facility; 

5 ‘‘(II) is located within a corridor 

6 of a route on the primary highway 

7 freight system and provides an alter8 native option important to goods 

9 movement; 

10 ‘‘(III) serves a major freight gen11 erator, logistics center, or manufac12 turing and warehouse industrial land; 

13 ‘‘(IV) connects to an inter14 national port of entry; 

15 ‘‘(V) provides access to a signifi16 cant air, rail, water, or other freight 

17 facility in the State; or 

18 ‘‘(VI) is important to the move19 ment of freight within the region, as 

20 determined by the metropolitan plan21 ning organization or the State. 

22 ‘‘(D) LIMITATION.—A State may propose 

23 additional designations to the National 

24 Multimodal Freight Network in the State in an 

25 amount that is— 


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1 ‘‘(i) for a highway project, not more 

2 than 20 percent of the total mileage des3 ignated by the Under Secretary in the 

4 State; and 

5 ‘‘(ii) for a non-highway project, using 

6 a limitation determined by the Under Sec7 retary.’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(5) REQUIRED NETWORK COMPONENTS.—In 

10 designating or redesignating the National 

11 Multimodal Freight Network, the Under Secretary 

12 shall ensure that the National Multimodal Freight 

13 Network includes the components described in sub14 section (b)(2).’’. 

15 SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES. 

16 Section 70201(a) of title 49, United States Code, is 

17 amended by striking ‘‘and local governments’’ and insert18 ing ‘‘local governments, metropolitan planning organiza19 tions, and the departments with responsibility for environ20 mental protection and air quality of the State’’. 

21 SEC. 6005. STATE FREIGHT PLANS. 

22 Section 70202(b) of title 49, United States Code, is 

23 amended— 

24 (1) in paragraph (3)(A) by inserting ‘‘and 

25 urban’’ after ‘‘rural’’; 


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1 (2) in paragraph (9) by striking ‘‘; and’’ and in2 serting a semicolon; 

3 (3) by redesignating paragraph (10) as para4 graph (12); and 

5 (4) by inserting after paragraph (9) the fol6 lowing: 

7 ‘‘(10) strategies and goals to decrease freight8 related— 

9 ‘‘(A) greenhouse gas emissions; 

10 ‘‘(B) local air pollution; 

11 ‘‘(C) stormwater runoff or other adverse 

12 impacts to water quality; and 

13 ‘‘(D) wildlife habitat loss; 

14 ‘‘(11) strategies and goals to decrease any ad15 verse impact of freight transportation on commu16 nities located near freight facilities or freight cor17 ridors; and’’. 

18 SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE. 

19 (a) STUDY.—Not later than 90 days after the date 

20 of enactment of this Act, the Secretary of Transportation, 

21 in consultation with the Secretary of the Treasury and the 

22 Commissioner of the Internal Revenue Service, shall es23 tablish a joint task force to study the establishment and 

24 administration of a fee on multimodal freight surface 

25 transportation services. 


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1 (b) CONTENTS.—The study required under sub2 section (a) shall include the following: 

3 (1) An estimation of the revenue that a fee of 

4 up to 1 percent on freight transportation services 

5 would raise. 

6 (2) An identification of the entities that would 

7 be subject to such a fee paid by the owners or sup8 pliers of cargo. 

9 (3) An analysis of the administrative capacity 

10 of Federal agencies and freight industry participants 

11 to collect such a fee and ensure compliance with fee 

12 requirements. 

13 (4) Policy options to prevent avoidance of such 

14 a fee, including diversion of freight services to for15 eign countries. 

16 (c) REPORT.—Not later than 1 year after the date 

17 of enactment of this Act, the Secretary of Transportation 

18 shall submit to the Committee on Transportation and In19 frastructure and the Committee on Ways and Means of 

20 the House of Representatives and the Committee on Envi21 ronment and Public Works and the Committee on Finance 

22 of the Senate the study required under subsection (a). 


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1 SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND IN2 NOVATIVE FINANCE BUREAU. 

3 Section 116 of title 49, United States Code, is 

4 amended— 

5 (1) in subsection (b) by striking paragraph (1) 

6 and inserting the following: 

7 ‘‘(1) to provide assistance and communicate 

8 best practices and financing and funding opportuni9 ties to eligible entities for the programs referred to 

10 in subsection (d)(1), including by— 

11 ‘‘(A) conducting proactive outreach to com12 munities located outside of metropolitan or 

13 micropolitan statistical areas (as such areas are 

14 defined by the Office of Management and 

15 Budget); and 

16 ‘‘(B) coordinating with the Office of Rural 

17 Development of the Department of Agriculture, 

18 the Office of Community Revitalization of the 

19 Environmental Protection Agency, and any 

20 other agencies that provide technical assistance 

21 for rural communities, as determined by the 

22 Executive Director;’’; 

23 (2) by redesignating subsection (j) as sub24 section (k); and 

25 (3) by inserting after subsection (i) the fol26 lowing: 


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1 ‘‘(j) ANNUAL PROGRESS REPORT.—Not later than 1 

2 year after the date of enactment of this subsection, and 

3 annually thereafter, the Executive Director shall submit 

4 to the Committee on Transportation and Infrastructure 

5 of the House of Representatives and the Committee on 

6 Environment and Public Works of the Senate a report de7 tailing— 

8 ‘‘(1) the use of funds authorized under section 

9 605(f) of title 23; and 

10 ‘‘(2) the progress of the Bureau in carrying out 

11 the purposes described in subsection (b).’’. 

12 SEC. 6008. LOCAL HIRE. 

13 (a) ESTABLISHMENT.—The Secretary of Transpor14 tation shall immediately reinstate the local labor hiring 

15 pilot program containing the contracting initiative estab16 lished by the Secretary and published in the Federal Reg17 ister on March 6, 2015 (80 Fed. Reg. 12257), under the 

18 same terms, conditions, and requirements as so published. 

19 (b) DURATION.—The Secretary shall continue the 

20 local labor hiring pilot program reinstated under this sec21 tion through September 30, 2025. 


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1 TITLE VII—TRANSPORTATION 

2 INFRASTRUCTURE FINANCE 

3 AND INNOVATION ACT 

4 SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE 

5 AND INNOVATION ACT. 

6 (a) CREDITWORTHINESS.—Section 602(a)(2) of title 

7 23, United States Code, is amended— 

8 (1) in subparagraph (A)(iv)— 

9 (A) by striking ‘‘a rating’’ and inserting 

10 ‘‘an investment grade rating’’; and 

11 (B) by striking ‘‘$75,000,000’’ and insert12 ing ‘‘$150,000,000’’; and 

13 (2) in subparagraph (B)— 

14 (A) by striking ‘‘the senior debt’’ and in15 serting ‘‘senior debt’’; and 

16 (B) by striking ‘‘credit instrument is for 

17 an amount less than $75,000,000’’ and insert18 ing ‘‘total amount of other senior debt and the 

19 Federal credit instrument is less than 

20 $150,000,000’’. 

21 (b) NON-FEDERAL SHARE.—Section 603(b) of title 

22 23, United States Code, is amended by striking paragraph 

23 (8) and inserting the following: 

24 ‘‘(8) NON-FEDERAL SHARE.—Notwithstanding 

25 paragraph (9) and section 117(j)(2), the proceeds of 


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1 a secured loan under the TIFIA program shall be 

2 considered to be part of the non-Federal share of 

3 project costs required under this title or chapter 53 

4 of title 49, if the loan is repayable from non-Federal 

5 funds.’’. 

6 (c) EXEMPTION OF FUNDS FROM TIFIA FEDERAL

7 SHARE REQUIREMENT.—Section 603(b)(9) of title 23, 

8 United States Code, is amended by adding at the end the 

9 following: 

10 ‘‘(C) TERRITORIES.—Funds provided for a 

11 territory under section 165(c) shall not be con12 sidered Federal assistance for purposes of sub13 paragraph (A).’’. 

14 (d) STREAMLINED APPLICATION PROCESS.—Section 

15 603(f) of title 23, United States Code, is amended by add16 ing at the end the following: 

17 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DE18 CISIONS.— 

19 ‘‘(A) IN GENERAL.—Not later than 120 

20 days after the date of enactment of this para21 graph, the Secretary shall implement an expe22 dited decision timeline for public agency bor23 rowers seeking secured loans that meet— 

24 ‘‘(i) the terms under paragraph (2); 

25 and 


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1 ‘‘(ii) the additional criteria described 

2 in subparagraph (B). 

3 ‘‘(B) ADDITIONAL CRITERIA.—The addi4 tional criteria referred to in subparagraph 

5 (A)(ii) are the following: 

6 ‘‘(i) The secured loan is made on 

7 terms and conditions that substantially 

8 conform to the conventional terms and 

9 conditions established by the National Sur10 face Transportation Innovative Finance 

11 Bureau. 

12 ‘‘(ii) The secured loan is rated in the 

13 A category or higher. 

14 ‘‘(iii) The TIFIA program share of el15 igible project costs is 33 percent or less. 

16 ‘‘(iv) The applicant demonstrates a 

17 reasonable expectation that the contracting 

18 process for the project can commence by 

19 not later than 90 days after the date on 

20 which a Federal credit instrument is obli21 gated for the project under the TIFIA pro22 gram. 

23 ‘‘(v) The project has received a cat24 egorical exclusion, a finding of no signifi25 cant impact, or a record of decision under 


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1 the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

3 ‘‘(C) WRITTEN NOTICE.—The Secretary 

4 shall provide to an applicant seeking a secured 

5 loan under the expedited decision process under 

6 this paragraph a written notice informing the 

7 applicant whether the Secretary has approved 

8 or disapproved the application by not later than 

9 180 days after the date on which the Secretary 

10 submits to the applicant a letter indicating that 

11 the National Surface Transportation Innovative 

12 Finance Bureau has commenced the credit13 worthiness review of the project.’’. 

14 (e) ASSISTANCE TO SMALL PROJECTS.—Section 

15 605(f)(1) of title 23, United States Code, is amended by 

16 striking ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. 

17 (f) APPLICATION PROCESS REPORT.—Section 

18 609(b)(2)(A) of title 23, United States Code, is amend19 ed— 

20 (1) in clause (iv) by striking ‘‘and’’; 

21 (2) in clause (v) by striking the period at the 

22 end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(vi) whether the project is located in 

25 a metropolitan statistical area, 


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1 micropolitan statistical area, or neither (as 

2 such areas are defined by the Office of 

3 Management and Budget).’’. 

4 (g) STATUS REPORTS.—Section 609 of title 23, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(c) STATUS REPORTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall publish 

9 on the website for the TIFIA program— 

10 ‘‘(A) on a monthly basis, a current status 

11 report on all submitted letters of interest and 

12 applications received for assistance under the 

13 TIFIA program; and 

14 ‘‘(B) on a quarterly basis, a current status 

15 report on all approved applications for assist16 ance under the TIFIA program. 

17 ‘‘(2) INCLUSIONS.—Each monthly and quar18 terly status report under paragraph (1) shall in19 clude, at a minimum, with respect to each project in20 cluded in the status report— 

21 ‘‘(A) the name of the party submitting the 

22 letter of interest or application; 

23 ‘‘(B) the name of the project; 

24 ‘‘(C) the date on which the letter of inter25 est or application was received; 


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1 ‘‘(D) the estimated project eligible costs; 

2 ‘‘(E) the type of credit assistance sought; 

3 and 

4 ‘‘(F) the anticipated fiscal year and quar5 ter for closing of the credit assistance.’’. 

6 DIVISION C—HAZARDOUS 

7 MATERIALS TRANSPORTATION 

8 SEC. 8001. SHORT TITLE. 

9 This division may be cited as the ‘‘Improving Haz10 ardous Materials Safety Act of 2020’’. 

11 TITLE I—AUTHORIZATIONS 

12 SEC. 8101. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 5128 of title 49, United States Code, is 

14 amended— 

15 (1) in subsection (a) by striking paragraphs (1) 

16 through (5) and inserting the following: 

17 ‘‘(1) $67,000,000 for fiscal year 2021; 

18 ‘‘(2) $68,000,000 for fiscal year 2022; 

19 ‘‘(3) $69,000,000 for fiscal year 2023; 

20 ‘‘(4) $71,000,000 for fiscal year 2024; and 

21 ‘‘(5) $72,000,000 for fiscal year 2025;’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘fiscal years 2016 through 

24 2020’’ and inserting ‘‘fiscal years 2021 through 

25 2025’’; and 


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1 (B) by striking ‘‘$21,988,000’’ and insert2 ing ‘‘$24,025,000’’; 

3 (3) in subsection (c) by striking ‘‘$4,000,000 

4 for each of fiscal years 2016 through 2020’’ and in5 serting ‘‘$5,000,000 for each of fiscal years 2021 

6 through 2025’’; 

7 (4) in subsection (d) by striking ‘‘$1,000,000 

8 for each of fiscal years 2016 through 2020’’ and in9 serting ‘‘$4,000,000 for each of fiscal years 2021 

10 through 2025’’; 

11 (5) by redesignating subsection (e) as sub12 section (f); and 

13 (6) by inserting after subsection (d) the fol14 lowing: 

15 ‘‘(e) ASSISTANCE WITH LOCAL EMERGENCY RE16 SPONDER TRAINING GRANTS.—From the Hazardous Ma17 terials Emergency Preparedness Fund established under 

18 section 5116(h), the Secretary may expend $1,800,000 for 

19 each of fiscal years 2021 through 2025 to carry out the 

20 grant program under section 5107(j).’’. 


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1 TITLE II—HAZARDOUS MATE2 RIALS SAFETY AND IMPROVE3 MENT 

4 SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED 

5 TO LITHIUM CELLS AND BATTERIES. 

6 (a) REPEAL.—Section 828 of the FAA Modernization 

7 and Reform Act of 2012 (49 U.S.C. 44701 note), and the 

8 item relating to such section in the table of contents in 

9 section 1(b) of such Act, are repealed. 

10 (b) CONFORMING AMENDMENTS.—Section 333 of the 

11 FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) 

12 is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘(A) IN GENERAL.—’’ 

16 and all that follows through ‘‘the Sec17 retary’’ and inserting ‘‘The Secretary’’; 

18 and 

19 (ii) by striking subparagraph (B); and 

20 (B) in paragraph (2) by striking ‘‘Pursu21 ant to section 828 of the FAA Modernization 

22 and Reform Act of 2012 (49 U.S.C. 44701 

23 note), the Secretary’’ and inserting ‘‘The Sec24 retary’’; 


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1 (2) by striking paragraph (4) of subsection (b); 

2 and 

3 (3) by striking paragraph (1) of subsection (h) 

4 and inserting the following: 

5 ‘‘(1) ICAO TECHNICAL INSTRUCTIONS.—The 

6 term ‘ICAO Technical Instructions’ means the Inter7 national Civil Aviation Organization Technical In8 structions for the Safe Transport of Dangerous 

9 Goods by Air.’’. 

10 SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS 

11 BY RAIL TANK CAR. 

12 (a) EVALUATION.—Not later than 90 days after the 

13 date of enactment of this Act, the Administrator of the 

14 Federal Railroad Administration, in coordination with the 

15 Administrator of the Pipeline and Hazardous Materials 

16 Safety Administration, shall initiate an evaluation of the 

17 safety, security, and environmental risks of transporting 

18 liquefied natural gas by rail. 

19 (b) TESTING.—In conducting the evaluation under 

20 subsection (a), the Administrator of the Federal Railroad 

21 Administration shall— 

22 (1) perform physical testing of rail tank cars, 

23 including, at a minimum, the DOT–113 specifica24 tion, to evaluate the performance of such rail tank 

25 cars in the event of an accident or derailment, inVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 cluding evaluation of the extent to which design and 

2 construction features such as steel thickness and 

3 valve protections prevent or mitigate the release of 

4 liquefied natural gas; 

5 (2) analyze multiple release scenarios, including 

6 derailments, front-end collisions, rear-end collisions, 

7 side-impact collisions, grade-crossing collisions, 

8 punctures, and impact of an incendiary device, at a 

9 minimum of 3 speeds of travel with a sufficient 

10 range of speeds to evaluate the safety, security, and 

11 environmental risks posed under real-world oper12 ating conditions; and 

13 (3) examine the effects of exposure to climate 

14 conditions across rail networks, including tempera15 ture, humidity, and any other factors that the Ad16 ministrator of the Federal Railroad Administration 

17 determines could influence performance of rail tank 

18 cars and components of such rail tank cars. 

19 (c) OTHER FACTORS TO CONSIDER.—In conducting 

20 the evaluation under subsection (a), the Administrator of 

21 the Federal Railroad Administration shall evaluate the im22 pact of a discharge of liquefied natural gas from a rail 

23 tank car on public safety and the environment, and con24 sider— 


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1 (1) the benefits of route restrictions, speed re2 strictions, enhanced brake requirements, personnel 

3 requirements, rail tank car technological require4 ments, and other operating controls; 

5 (2) the advisability of consist restrictions, in6 cluding limitations on the arrangement and quantity 

7 of rail tank cars carrying liquefied natural gas in 

8 any given consist; 

9 (3) the identification of potential impact areas, 

10 and the number of homes and structures potentially 

11 endangered by a discharge in rural, suburban, and 

12 urban environments; 

13 (4) the impact of discharge on the environment, 

14 including air quality impacts; 

15 (5) the benefits of advanced notification to the 

16 Department of Transportation, State Emergency 

17 Response Commissions, and Tribal Emergency Re18 sponse Commissions of routes for moving liquefied 

19 natural gas by rail tank car; 

20 (6) how first responders respond to an incident, 

21 including the extent to which specialized equipment 

22 or training would be required and the cost to com23 munities for acquiring any necessary equipment or 

24 training; 


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1 (7) whether thermal radiation could occur from 

2 a discharge; 

3 (8) an evaluation of the rail tank car authorized 

4 by the Secretary of Transportation for liquefied nat5 ural gas or similar cryogenic liquids, and a deter6 mination of whether specific safety enhancements or 

7 new standards are necessary to ensure the safety of 

8 rail transport of liquefied natural gas; and 

9 (9) the risks posed by the transportation of liq10 uefied natural gas by International Organization for 

11 Standardization containers authorized by the Fed12 eral Railroad Administration. 

13 (d) REPORT.—Not later than 2 years after the date 

14 of enactment of this Act, the Secretary of Transportation 

15 shall submit to the Committee on Transportation and In16 frastructure of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate, and make available to the public— 

19 (1) a report based on the evaluation and testing 

20 conducted under subsections (a) and (b), which shall 

21 include the results of the evaluation and testing and 

22 recommendations for mitigating or eliminating the 

23 safety, security, environmental, and other risks of an 

24 accident or incident involving the transportation of 

25 liquefied natural gas by rail; and 


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1 (2) a complete list of all research related to the 

2 transportation of liquefied natural gas by rail con3 ducted by the Federal Railroad Administration, the 

4 Pipeline and Hazardous Materials Safety Adminis5 tration, or any other entity of the Federal Govern6 ment since 2010 that includes, for each research 

7 item— 

8 (A) the title of any reports or studies pro9 duced with respect to the research; 

10 (B) the agency, entity, or organization per11 forming the research; 

12 (C) the names of all authors and co-au13 thors of any report or study produced with re14 spect to the research; and 

15 (D) the date any related report was pub16 lished or is expected to publish. 

17 (e) DATA COLLECTION.—The Administrator of the 

18 Federal Railroad Administration and the Administrator of 

19 the Pipeline and Hazardous Materials Safety Administra20 tion shall collect any relevant data or records necessary 

21 to complete the evaluation required by subsection (a). 

22 (f) GAO REPORT.—After the evaluation required by 

23 subsection (a) has been completed, the Comptroller Gen24 eral of the United States shall conduct an independent 

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1 tion and the Pipeline and Hazardous Materials Safety Ad2 ministration complied with the requirements of this Act, 

3 and transmit to the Committee on Transportation and In4 frastructure of the House of Representatives and the Com5 mittee on Commerce, Science, and Transportation of the 

6 Senate a report on the findings of such independent eval7 uation. 

8 (g) CONGRESSIONAL REVIEW REQUIREMENTS.— 

9 (1) REVIEW PERIOD DEFINED.—In this sub10 section, the term ‘‘review period’’ means the period 

11 beginning on the date of enactment of this Act and 

12 ending on the earlier of— 

13 (A) the date that is 1 year after the date 

14 of completion of the report under subsection (f); 

15 or 

16 (B) the date that is 4 years after the date 

17 of enactment of this Act. 

18 (2) CONGRESSIONAL AUTHORITY.—The Sec19 retary of Transportation— 

20 (A) may not issue any regulation author21 izing the transportation of liquefied natural gas 

22 by rail tank car or authorize such transpor23 tation through issuance of a special permit or 

24 approval before the conclusion of the review pe25 riod; and 


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1 (B) shall rescind any special permit or ap2 proval for the transportation of liquefied nat3 ural gas by rail tank car issued before the date 

4 of enactment of this Act. 

5 SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIRE6 MENTS AND GRANTS. 

7 Section 5107 of title 49, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(j) ASSISTANCE WITH LOCAL EMERGENCY RE10 SPONDER TRAINING.—The Secretary shall make grants to 

11 nonprofit organizations to develop hazardous materials re12 sponse training for emergency responders, including re13 sponse activities for the transportation of crude oil, eth14 anol, and other flammable liquids by rail (consistent with 

15 National Fire Protection Association standards), and to 

16 make such training available electronically or in person.’’. 

17 SEC. 8204. STUDY ON HAZARDOUS MATERIALS TRANS18 PORTED BY COMMERCIAL MOTOR VEHICLES 

19 ON HIGHWAY-RAIL GRADE CROSSINGS. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Secretary of Transpor22 tation shall conduct a study to evaluate the overall 

23 safety of the requirement that commercial motor ve24 hicles come to a full stop at highway-rail grade 


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1 crossings described in section 392.10 of title 49, 

2 Code of Federal Regulations. 

3 (2) CONTENTS.—The study required under 

4 paragraph (1) shall— 

5 (A) collect and analyze data on the fre6 quency and severity of rear-end collisions that 

7 occur when commercial motor vehicles trans8 porting hazardous materials are stopped at 

9 grade crossings; 

10 (B) assess the extent to which such re11 quirement reduces instances of truck-train colli12 sions; 

13 (C) evaluate the overall safety of such re14 quirement; and 

15 (D) recommend whether to remove such 

16 requirement. 

17 (b) REPORT.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary shall submit to 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives and the Committee on Com21 merce, Science, and Transportation of the Senate a report 

22 detailing the findings of the study under subsection (a) 

23 and the Secretary’s planned course of action regarding the 

24 requirement described in section 392.10 of title 49, Code 

25 of Federal Regulations. 


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1 (c) COMMERCIAL MOTOR VEHICLE DEFINED.—In 

2 this section, the term ‘‘commercial motor vehicle’’ has the 

3 meaning given such term in section 13102 of title 49, 

4 United States Code. 

5 DIVISION D—RAIL 

6 SEC. 9001. SHORT TITLE. 

7 This division may be cited as the ‘‘Transforming Rail 

8 by Accelerating Investment Nationwide Act’’ or the 

9 ‘‘TRAIN Act’’. 

10 TITLE I—AUTHORIZATIONS 

11 SEC. 9101. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF GRANTS TO AMTRAK.— 

13 (1) NORTHEAST CORRIDOR.—There are author14 ized to be appropriated to the Secretary for the use 

15 of Amtrak for activities associated with the North16 east Corridor the following amounts: 

17 (A) For fiscal year 2021, $2,900,000,000. 

18 (B) For fiscal year 2022, $2,700,000,000. 

19 (C) For fiscal year 2023, $2,500,000,000. 

20 (D) For fiscal year 2024, $2,500,000,000. 

21 (E) For fiscal year 2025, $2,500,000,000. 

22 (2) NATIONAL NETWORK.—There are author23 ized to be appropriated to the Secretary for the use 

24 of Amtrak for activities associated with the National 

25 Network the following amounts: 


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1 (A) For fiscal year 2021, $3,600,000,000. 

2 (B) For fiscal year 2022, $3,400,000,000. 

3 (C) For fiscal year 2023, $3,200,000,000. 

4 (D) For fiscal year 2024, $3,000,000,000. 

5 (E) For fiscal year 2025, $3,000,000,000. 

6 (b) PROJECT MANAGEMENT OVERSIGHT.—The Sec7 retary may withhold up to $15,000,000 from the amounts 

8 made available under subsection (a) for the costs of man9 agement oversight of Amtrak. 

10 (c) AMTRAK COMMON BENEFIT COSTS FOR STATE11 SUPPORTED ROUTES.—For any fiscal year in which funds 

12 are made available under subsection (a)(2) in excess of 

13 the amounts authorized for fiscal year 2020 under section 

14 11101(b) of the FAST Act (114–94), Amtrak shall use 

15 up to $400,000,000 of the excess funds to defray the share 

16 of operating costs of Amtrak’s national assets (as such 

17 term is defined in section 24320(c)(5) of title 49, United 

18 States Code) that is allocated to the State-supported serv19 ices. 

20 (d) STATE-SUPPORTED ROUTE COMMITTEE.—Of the 

21 funds made available under subsection (a)(2), the Sec22 retary may make available up to $3,000,000 for each fis23 cal year for the State-Supported Route Committee estab24 lished under section 24712 of title 49, United States Code. 


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1 (e) NORTHEAST CORRIDOR COMMISSION.—Of the 

2 funds made available under subsection (a)(1), the Sec3 retary may make available up to $6,000,000 for each fis4 cal year for the Northeast Corridor Commission estab5 lished under section 24905 of title 49, United States Code. 

6 (f) AUTHORIZATION OF APPROPRIATIONS FOR AM7 TRAK OFFICE OF INSPECTOR GENERAL.—There are au8 thorized to be appropriated to the Office of Inspector Gen9 eral of Amtrak the following amounts: 

10 (1) For fiscal year 2021, $26,500,000. 

11 (2) For fiscal year 2022, $27,000,000. 

12 (3) For fiscal year 2023, $27,500,000. 

13 (4) For fiscal year 2024, $28,000,000. 

14 (5) For fiscal year 2025, $28,500,000. 

15 (g) PASSENGER RAIL IMPROVEMENT, MODERNIZA16 TION, AND ENHANCEMENT GRANTS.—There are author17 ized to be appropriated to the Secretary to carry out sec18 tion 22906 of title 49, United States Code, the following 

19 amounts: 

20 (1) For fiscal year 2021, $3,800,000,000. 

21 (2) For fiscal year 2022, $3,800,000,000. 

22 (3) For fiscal year 2023, $3,800,000,000. 

23 (4) For fiscal year 2024, $3,800,000,000. 

24 (5) For fiscal year 2025, $3,800,000,000. 


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1 (h) CONSOLIDATED RAIL INFRASTRUCTURE AND

2 SAFETY IMPROVEMENTS.— 

3 (1) IN GENERAL.—There are authorized to be 

4 appropriated to the Secretary to carry out section 

5 22907 of title 49, United States Code, the following 

6 amounts: 

7 (A) For fiscal year 2021, $1,400,000,000. 

8 (B) For fiscal year 2022, $1,400,000,000. 

9 (C) For fiscal year 2023, $1,400,000,000. 

10 (D) For fiscal year 2024, $1,400,000,000. 

11 (E) For fiscal year 2025, $1,400,000,000. 

12 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

13 Secretary may withhold up to 1 percent from the 

14 amount appropriated under paragraph (1) for the 

15 costs of project management oversight of grants car16 ried out under section 22907 of title 49, United 

17 States Code. 

18 (i) RAILROAD REHABILITATION AND IMPROVEMENT

19 FINANCING.— 

20 (1) IN GENERAL.—There are authorized to be 

21 appropriated to the Secretary for payment of credit 

22 risk premiums in accordance with section 9104 of 

23 this division and section 502 of the Railroad Revital24 ization and Regulatory Reform Act of 1976 (45 

25 U.S.C. 822) $30,000,000 for each of fiscal years 


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1 2021 through 2025, to remain available until ex2 pended. 

3 (2) REFUND OF PREMIUM.—There are author4 ized to be appropriated to the Secretary 

5 $70,000,000 to repay the credit risk premium under 

6 section 502 of the Railroad Revitalization and Regu7 latory Reform Act of 1976 (45 U.S.C. 822) in ac8 cordance with section 9104. 

9 (j) RESTORATION AND ENHANCEMENT GRANTS.— 

10 (1) IN GENERAL.—There are authorized to be 

11 appropriated to the Secretary to carry out section 

12 22908 of title 49, United States Code, $20,000,000 

13 for each of fiscal years 2021 through 2025. 

14 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

15 Secretary may withhold up to 1 percent from the 

16 amount appropriated under paragraph (1) for the 

17 costs of project management oversight of grants car18 ried out under section 22908 of title 49, United 

19 States Code. 

20 (k) GRADE CROSSING SEPARATION GRANTS.— 

21 (1) IN GENERAL.—There are authorized to be 

22 appropriated to the Secretary to carry out section 

23 20171 of title 49, United States Code, (as added by 

24 section 9551 of this Act) the following amounts: 

25 (1) For fiscal year 2021, $450,000,000. 


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1 (2) For fiscal year 2022, $475,000,000. 

2 (3) For fiscal year 2023, $500,000,000. 

3 (4) For fiscal year 2024, $525,000,000. 

4 (5) For fiscal year 2025, $550,000,000. 

5 (2) PROJECT MANAGEMENT OVERSIGHT.—The 

6 Secretary may withhold up to 1 percent from the 

7 amount appropriated under paragraph (1) for the 

8 costs of project management oversight of grants car9 ried out under section 20171 of title 49, United 

10 States Code. 

11 (l) RAIL SAFETY PUBLIC AWARENESS GRANTS.—Of 

12 the amounts made available under subsection (k), the Sec13 retary shall make available $5,000,000 for each of fiscal 

14 years 2021 through 2025 to carry out section 20172 of 

15 title 49, United States Code, (as added by section 9552 

16 of this Act). 

17 (m) AUTHORIZATION OF APPROPRIATIONS TO THE

18 FEDERAL RAILROAD ADMINISTRATION.—Section 20117 

19 of title 49, United States Code, is amended to read as 

20 follows: 

21 ‘‘§ 20117. Authorization of appropriations 

22 ‘‘(a) SAFETY AND OPERATIONS.— 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

24 appropriated to the Secretary of Transportation for 

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1 tion and to carry out railroad safety activities au2 thorized or delegated to the Administrator— 

3 ‘‘(A) $229,000,000 for fiscal year 2021. 

4 ‘‘(B) $231,000,000 for fiscal year 2022; 

5 ‘‘(C) $233,000,000 for fiscal year 2023; 

6 ‘‘(D) $235,000,000 for fiscal year 2024; 

7 and 

8 ‘‘(E) $237,000,000 for fiscal year 2025. 

9 ‘‘(2) AUTOMATED TRACK INSPECTION PROGRAM

10 AND DATA ANALYSIS.—From the funds made avail11 able under paragraph (1) for each of fiscal years 

12 2021 through 2025, not more than $17,000,000 

13 may be expended for the Automated Track Inspec14 tion Program and data analysis related to track in15 spection. Such funds shall remain available until ex16 pended. 

17 ‘‘(3) STATE PARTICIPATION GRANTS.—Amounts 

18 made available under paragraph (1) for grants 

19 under section 20105(e) shall remain available until 

20 expended. 

21 ‘‘(4) SHORT LINE SAFETY.—From funds made 

22 available under paragraph (1), the Secretary may 

23 expend not more than $4,000,000— 


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1 ‘‘(A) for grants to improve safety practices 

2 and training for Class II and Class III freight 

3 railroads; and 

4 ‘‘(B) to develop safety management sys5 tems for Class II and Class III freight railroads 

6 through safety culture assessments, training 

7 and education, outreach activities, and technical 

8 assistance. 

9 ‘‘(b) RAILROAD RESEARCH AND DEVELOPMENT.— 

10 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to the Sec12 retary of Transportation for necessary expenses for 

13 carrying out railroad research and development ac14 tivities the following amounts which shall remain 

15 available until expended: 

16 ‘‘(A) $42,000,000 for fiscal year 2021. 

17 ‘‘(B) $44,000,000 for fiscal year 2022. 

18 ‘‘(C) $46,000,000 for fiscal year 2023. 

19 ‘‘(D) $48,000,000 for fiscal year 2024. 

20 ‘‘(E) $50,000,000 for fiscal year 2025. 

21 ‘‘(2) STUDY ON LNG BY RAIL.—From the 

22 amounts made available for fiscal years 2021 

23 through 2025 under paragraph (1), the Secretary 

24 shall expend not less than $6,000,000 and not more 

25 than $8,000,000 to carry out the evaluation of 


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1 transporting liquefied natural gas by rail under sec2 tion 10204. 

3 ‘‘(3) STUDY ON SAFETY CULTURE ASSESS4 MENTS.—From the amounts made available for fis5 cal year 2021 under paragraph (1), the Secretary 

6 shall expend such sums as are necessary to carry out 

7 the study on safety culture assessments under sec8 tion 9517 of the TRAIN Act.’’. 

9 (n) FATIGUE REDUCTION PILOT PROJECTS.—There 

10 are authorized to be appropriated to the Secretary for 

11 costs associated with carrying out section 21109(e) of title 

12 49, United States Code, $200,000 to remain available 

13 until expended. 

14 SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZA15 TION, AND EXPANSION GRANTS. 

16 (a) IN GENERAL.—Section 22906 of title 49, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 22906. Passenger rail improvement, modernization, 

19 and expansion grants 

20 ‘‘(a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall establish a program to make grants for capital 

22 projects that improve the state of good repair, operational 

23 performance, or growth of intercity rail passenger trans24 portation. 

25 ‘‘(b) PROJECT SELECTION CRITERIA.— 


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1 ‘‘(1) IN GENERAL.—Capital projects eligible for 

2 a grant under this section include— 

3 ‘‘(A) a project to replace, rehabilitate, or 

4 repair a major infrastructure asset used for 

5 providing passenger rail service to bring such 

6 infrastructure asset into a state of good repair; 

7 ‘‘(B) a project to improve passenger rail 

8 performance, including congestion mitigation, 

9 reliability improvements, achievement on-time 

10 performance standards established under sec11 tion 207 of the Rail Safety Improvement Act of 

12 2008 (49 U.S.C. 24101 note), reduced trip 

13 times, increased train frequencies, higher oper14 ating speeds, electrification, and other improve15 ments, as determined by the Secretary; and 

16 ‘‘(C) a project to repair, rehabilitate, re17 place, or build infrastructure to expand or es18 tablish intercity rail passenger transportation 

19 and facilities, including high-speed rail. 

20 ‘‘(2) REQUIREMENTS.—To be eligible for a 

21 grant under this section, an applicant shall have, or 

22 provide documentation of a credible plan to 

23 achieve— 

24 ‘‘(A) the legal, financial, and technical ca25 pacity to carry out the project; 


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1 ‘‘(B) satisfactory continuing control over 

2 the use of the equipment or facilities that are 

3 the subject of the project; and 

4 ‘‘(C) an agreement in place for mainte5 nance of such equipment or facilities. 

6 ‘‘(3) PRIORITY.—In selecting an applicant for a 

7 grant under this section, the Secretary shall give 

8 preference to capital projects that— 

9 ‘‘(A) are supported by multiple States or 

10 are included in a regional planning process; and 

11 ‘‘(B) achieve environmental benefits such 

12 as a reduction in greenhouse gas emissions or 

13 an improvement in local air quality. 

14 ‘‘(4) ADDITIONAL CONSIDERATIONS.—In select15 ing an applicant for a grant under this section, the 

16 Secretary shall consider— 

17 ‘‘(A) the cost-benefit analysis of the pro18 posed project, including anticipated public bene19 fits relative to the costs of the proposed project, 

20 including— 

21 ‘‘(i) effects on system and service per22 formance; 

23 ‘‘(ii) effects on safety, competitive24 ness, reliability, trip or transit time, and 

25 resilience; 


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1 ‘‘(iii) impacts on the overall transpor2 tation system, including efficiencies from 

3 improved integration with other modes of 

4 transportation or benefits associated with 

5 achieving modal shifts; and 

6 ‘‘(iv) the ability to meet existing or 

7 anticipated passenger or service demand; 

8 ‘‘(B) the applicant’s past performance in 

9 developing and delivering similar projects; 

10 ‘‘(C) if applicable, the consistency of the 

11 project with planning guidance and documents 

12 set forth by the Secretary or required by law; 

13 and 

14 ‘‘(D) if applicable, agreements between all 

15 stakeholders necessary for the successful deliv16 ery of the project. 

17 ‘‘(c) NORTHEAST CORRIDOR PROJECTS.—Of the 

18 funds made available to carry out this section, not less 

19 than 40 percent shall be made available for projects in20 cluded in the Northeast Corridor investment plan required 

21 under section 24904. 

22 ‘‘(d) NATIONAL PROJECTS.—Of the funds made 

23 available to carry out this section, not less than 40 percent 

24 shall be made available for— 

25 ‘‘(1) projects on the National Network; 


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1 ‘‘(2) high-speed rail projects; and 

2 ‘‘(3) the establishment of new passenger rail 

3 corridors not located on the Northeast Corridor. 

4 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

5 ‘‘(1) TOTAL PROJECT COST ESTIMATE.—The 

6 Secretary shall estimate the total cost of a project 

7 under this section based on the best available infor8 mation, including engineering studies, studies of eco9 nomic feasibility, environmental analyses, and infor10 mation on the expected use of equipment or facili11 ties. 

12 ‘‘(2) FEDERAL SHARE.—The Federal share of 

13 total costs for a project under this section shall not 

14 exceed 90 percent. 

15 ‘‘(3) TREATMENT OF REVENUE.—Applicants 

16 may use ticket and other revenues generated from 

17 operations and other sources to satisfy the non-Fed18 eral share requirements. 

19 ‘‘(f) LETTERS OF INTENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall, to the 

21 maximum extent practicable, issue a letter of intent 

22 to a recipient of a grant under this section that— 

23 ‘‘(A) announces an intention to obligate, 

24 for a major capital project under this section, 

25 an amount that is not more than the amount 


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1 stipulated as the financial participation of the 

2 Secretary in the project; and 

3 ‘‘(B) states that the contingent commit4 ment— 

5 ‘‘(i) is not an obligation of the Fed6 eral Government; and 

7 ‘‘(ii) is subject to the availability of 

8 appropriations for grants under this sec9 tion and subject to Federal laws in force or 

10 enacted after the date of the contingent 

11 commitment. 

12 ‘‘(2) CONGRESSIONAL NOTIFICATION.— 

13 ‘‘(A) IN GENERAL.—Not later than 3 days 

14 before issuing a letter of intent under para15 graph (1), the Secretary shall submit written 

16 notification to— 

17 ‘‘(i) the Committee on Transportation 

18 and Infrastructure of the House of Rep19 resentatives; 

20 ‘‘(ii) the Committee on Appropriations 

21 of the House of Representatives; 

22 ‘‘(iii) the Committee on Appropria23 tions of the Senate; and 

24 ‘‘(iv) the Committee on Commerce, 

25 Science, and Transportation of the Senate. 


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1 ‘‘(B) CONTENTS.—The notification sub2 mitted under subparagraph (A) shall include— 

3 ‘‘(i) a copy of the letter of intent; 

4 ‘‘(ii) the criteria used under sub5 section (b) for selecting the project for a 

6 grant; and 

7 ‘‘(iii) a description of how the project 

8 meets such criteria. 

9 ‘‘(g) APPROPRIATIONS REQUIRED.—An obligation or 

10 administrative commitment may be made under this sec11 tion only when amounts are appropriated for such pur12 pose. 

13 ‘‘(h) GRANT ADMINISTRATION.—The Secretary may 

14 withhold up to 1 percent of the total amount made avail15 able to carry out this section for program oversight and 

16 management, including providing technical assistance and 

17 project planning guidance. 

18 ‘‘(i) REGIONAL PLANNING GUIDANCE.—The Sec19 retary may withhold up to half a percent of the total 

20 amount made available to carry out this section to facili21 tate and provide guidance for regional planning processes. 

22 ‘‘(j) AVAILABILITY.—Amounts made available to 

23 carry out this section shall remain available until ex24 pended. 


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1 ‘‘(k) GRANT CONDITIONS.—Except as specifically 

2 provided in this section, the use of any amounts appro3 priated for grants under this section shall be subject to 

4 the grant conditions under section 22905, except that the 

5 domestic buying preferences of section 24305(f) shall 

6 apply to grants provided to Amtrak in lieu of the require7 ments of section 22905(a). 

8 ‘‘(l) DEFINITIONS.—In this section: 

9 ‘‘(1) APPLICANT.—The term ‘applicant’ 

10 means— 

11 ‘‘(A) a State; 

12 ‘‘(B) a group of States; 

13 ‘‘(C) an Interstate Compact; 

14 ‘‘(D) a public agency or publicly chartered 

15 authority established by 1 or more States; 

16 ‘‘(E) a political subdivision of a State; or 

17 ‘‘(F) Amtrak, acting on its own behalf or 

18 under a cooperative agreement with 1 or more 

19 States. 

20 ‘‘(2) CAPITAL PROJECT.—The term ‘capital 

21 project’ means— 

22 ‘‘(A) acquisition, construction, replace23 ment, rehabilitation, or repair of major infra24 structure assets or equipment that benefit 

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1 ing tunnels, bridges, stations, track, electrifica2 tion, grade crossings, passenger rolling stock, 

3 and other assets, as determined by the Sec4 retary; 

5 ‘‘(B) projects that ensure service can be 

6 maintained while existing assets are rehabili7 tated or replaced; and 

8 ‘‘(C) project planning, development, de9 sign, and environmental analysis related to 

10 projects under subsections (A) and (B). 

11 ‘‘(3) INTERCITY RAIL PASSENGER TRANSPOR12 TATION.—The term ‘intercity rail passenger trans13 portation’ has the meaning given such term in sec14 tion 24102. 

15 ‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 

16 rail’ has the meaning given such term in section 

17 26106(b). 

18 ‘‘(5) NORTHEAST CORRIDOR.—The term 

19 ‘Northeast Corridor’ has the meaning given such 

20 term in section 24102. 

21 ‘‘(6) NATIONAL NETWORK.—The term ‘Na22 tional Network’ has the meaning given such term in 

23 section 24102. 

24 ‘‘(7) STATE.—The term ‘State’ means each of 

25 the 50 States and the District of Columbia.’’. 


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1 (b) CLERICAL AMENDMENT.—The item related to 

2 section 22906 in the analysis for chapter 229 of title 49, 

3 United States Code, is amended to read as follows: 

‘‘22906. Passenger rail improvement, modernization, and expansion grants.’’. 

4 SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND 

5 SAFETY IMPROVEMENT GRANTS. 

6 Section 22907 of title 49, United States Code, is 

7 amended— 

8 (1) in subsection (b) by adding at the end the 

9 following: 

10 ‘‘(12) A commuter authority (as such term is 

11 defined in section 24102).’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (1) by inserting ‘‘, main14 tenance, and upgrades’’ after ‘‘Deployment’’; 

15 (B) in paragraph (3) by inserting ‘‘or safe16 ty’’ after ‘‘address congestion’’; 

17 (C) in paragraph (4) by striking ‘‘identi18 fied by the Secretary’’ and all that follows 

19 through ‘‘rail transportation’’ and inserting ‘‘to 

20 reduce congestion, improve service, or facilitate 

21 ridership growth in intercity rail passenger 

22 transportation and commuter rail passenger 

23 transportation (as such term is defined in sec24 tion 24102)’’; 


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1 (D) in paragraph (5) by inserting ‘‘or to 

2 establish new quiet zones’’ before the period at 

3 the end; and 

4 (E) in paragraph (9) by inserting ‘‘or com5 muter rail passenger transportation (as such 

6 term is defined in section 24102)’’ after ‘‘be7 tween intercity rail passenger transportation’’; 

8 (3) in subsection (e) by striking paragraph (1) 

9 and inserting the following: 

10 ‘‘(1) IN GENERAL.—In selecting a recipient of 

11 a grant for an eligible project, the Secretary shall 

12 give preference to— 

13 ‘‘(A) projects that will maximize the net 

14 benefits of the funds made available for use 

15 under this section, considering the cost-benefit 

16 analysis of the proposed project, including an17 ticipated public benefits relative to the costs of 

18 the proposed project and factoring in the other 

19 considerations described in paragraph (2); and 

20 ‘‘(B) projects that benefit a station that— 

21 ‘‘(i) serves Amtrak and commuter rail; 

22 ‘‘(ii) is listed amongst the 25 stations 

23 with highest ridership in the most recent 

24 Amtrak Company Profile; and 


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1 ‘‘(iii) has support from both Amtrak 

2 and the provider of commuter rail pas3 senger transportation servicing the sta4 tion.’’; 

5 (4) in subsection (g)(1) by striking ‘‘25 per6 cent’’ and inserting ‘‘15 percent’’; 

7 (5) in subsection (l) by striking ‘‘Secretary 

8 shall’’ and inserting ‘‘Secretary may’’; 

9 (6) by redesignating subsections (i), (j), (k), 

10 and (l) as subsections (k), (l), (m), and (n), respec11 tively; and 

12 (7) by inserting after subsection (h) the fol13 lowing: 

14 ‘‘(i) LARGE PROJECTS.—Of the amounts made avail15 able under this section, at least 50 percent shall be for 

16 projects that have total project costs of greater than 

17 $100,000,000. 

18 ‘‘(j) COMMUTER RAIL.— 

19 ‘‘(1) ADMINISTRATION OF FUNDS.—The 

20 amounts awarded under this section for commuter 

21 rail passenger transportation projects shall be trans22 ferred by the Secretary, after selection, to the Fed23 eral Transit Administration for administration of 

24 funds in accordance with chapter 53. 

25 ‘‘(2) GRANT CONDITION.— 


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1 ‘‘(A) IN GENERAL.—As a condition of re2 ceiving a grant under this section that is used 

3 to acquire, construct, or improve railroad right4 of-way or facilities, any employee covered by the 

5 Railway Labor Act (45 U.S.C. 151 et seq.) and 

6 the Railroad Retirement Act of 1974 (45 

7 U.S.C. 231 et seq.) who is adversely affected by 

8 actions taken in connection with the project fi9 nanced in whole or in part by such grant shall 

10 be covered by employee protective arrangements 

11 established under section 22905(e). 

12 ‘‘(B) APPLICATION OF PROTECTIVE AR13 RANGEMENT.—The grant recipient and the suc14 cessors, assigns, and contractors of such recipi15 ent shall be bound by the protective arrange16 ments required under subparagraph (A). Such 

17 recipient shall be responsible for the implemen18 tation of such arrangement and for the obliga19 tions under such arrangement, but may arrange 

20 for another entity to take initial responsibility 

21 for compliance with the conditions of such ar22 rangement. 

23 ‘‘(3) APPLICATION OF LAW.—Subsections (g) 

24 and (f)(1) of section 22905 shall not apply to grants 


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1 awarded under this section for commuter rail pas2 senger transportation projects.’’. 

3 SEC. 9104. RAILROAD REHABILITATION AND IMPROVE4 MENT FINANCING. 

5 Section 502 of the Railroad Revitalization and Regu6 latory Reform Act of 1976 (45 U.S.C. 822) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A) by inserting 

10 ‘‘civil works such as cuts and fills, stations, 

11 tunnels,’’ after ‘‘components of track,’’; 

12 and 

13 (ii) in subparagraph (D) by inserting 

14 ‘‘, permitting,’’ after ‘‘reimburse plan15 ning’’; and 

16 (B) by striking paragraph (3); 

17 (2) in subsection (f)— 

18 (A) in paragraph (3) by adding at the end 

19 the following: 

20 ‘‘(D) A projection of freight or passenger 

21 demand for the project based on regionally de22 veloped economic forecasts, including projec23 tions of any modal diversion resulting from the 

24 project.’’; and 

25 (B) in paragraph (4)— 


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1 (i) by striking ‘‘Credit risk premiums’’ 

2 and inserting ‘‘(A) TIMING OF PAY3 MENT.—Credit risk premiums’’; and 

4 (ii) by adding at the end the fol5 lowing: 

6 ‘‘(B) PAYMENT OF CREDIT RISK PRE7 MIUMS.— 

8 ‘‘(i) IN GENERAL.—In granting assist9 ance under this section, the Secretary may 

10 pay credit risk premiums required under 

11 paragraph (3) for entities described in 

12 paragraphs (1) through (3) of subsection 

13 (a), in whole or in part, with respect to a 

14 loan or loan guarantee. 

15 ‘‘(ii) SET-ASIDE.—Of the amounts 

16 made available for payments for a fiscal 

17 year under clause (i), the Secretary shall 

18 reserve $25,000,000 for payments for pas19 senger rail projects, to remain available 

20 until expended. 

21 ‘‘(C) REFUND OF PREMIUM.—The Sec22 retary shall repay the credit risk premium of 

23 each loan in cohort 3, as defined by the memo24 randum to the Office of Management and 

25 Budget of the Department of Transportation 


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1 dated November 5, 2018, with interest accrued 

2 thereon, not later than 60 days after the date 

3 on which all obligations attached to each such 

4 loan have been satisfied. For each such loan for 

5 which obligations have been satisfied as of the 

6 date of enactment of the TRAIN Act, the Sec7 retary shall repay the credit risk premium of 

8 each such loan, with interest accrued thereon, 

9 not later than 60 days after the date of the en10 actment of such Act.’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan 

13 provided under this section may be used as the non-Fed14 eral share of project costs under this title or chapter 53 

15 of title 49 if such loan is repayable from non-Federal 

16 funds.’’. 

17 SEC. 9105. BUY AMERICA. 

18 Section 22905(a) of title 49, United States Code, is 

19 amended— 

20 (1) in paragraph (2)— 

21 (A) in subparagraph (B) by adding ‘‘or’’ at 

22 the end; 

23 (B) by striking subparagraph (C); and 

24 (C) by redesignating subparagraph (D) as 

25 subparagraph (C); 


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1 (2) by striking paragraph (4) and inserting the 

2 following: 

3 ‘‘(4)(A) If the Secretary receives a request for 

4 a waiver under paragraph (2), the Secretary shall 

5 provide notice of and an opportunity for public com6 ment on the request at least 30 days before making 

7 a finding based on the request. 

8 ‘‘(B) A notice provided under subparagraph (A) 

9 shall— 

10 ‘‘(i) include the information available to 

11 the Secretary concerning the request, including 

12 whether the request is being made under sub13 paragraph (A), (B), or (C) of paragraph (2); 

14 and 

15 ‘‘(ii) be provided by electronic means, in16 cluding on the official public website of the De17 partment of Transportation.’’; 

18 (3) in paragraph (5)— 

19 (A) by striking ‘‘2012’’ and inserting 

20 ‘‘2020, and each year thereafter’’; and 

21 (B) by inserting ‘‘during the preceding fis22 cal year’’ before the period; and 

23 (4) by adding at the end the following: 

24 ‘‘(12) The requirements of this subsection apply 

25 to all contracts for a project carried out within the 


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1 scope of the applicable finding, determination, or de2 cisions under the National Environmental Policy Act 

3 of 1969 (42 U.S.C. 4321 et seq.), regardless of the 

4 funding source for activities carried out pursuant to 

5 such contracts, if at least 1 contract for the project 

6 is funded with amounts made available to carry out 

7 a provision specified in paragraph (1).’’. 

8 SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNER9 ABILITY ASSESSMENT. 

10 (a) IN GENERAL.—The Secretary of Transportation 

11 shall sponsor a study by the National Academies to con12 duct an assessment of the potential impacts of climate 

13 change on the national rail network. 

14 (b) ASSESSMENT.—At a minimum, the assessment 

15 conducted pursuant to subsection (a) shall— 

16 (1) cover the entire freight and intercity pas17 senger rail network of the United States; 

18 (2) evaluate risk to the network over 5-, 30-, 

19 and 50-year outlooks; 

20 (3) examine and describe potential effects of cli21 mate change and extreme weather events on pas22 senger and freight rail infrastructure, trackage, and 

23 facilities, including facilities owned by rail shippers; 


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1 (4) identify and categorize the assets described 

2 in paragraph (3) by vulnerability level and geo3 graphic area; and 

4 (5) recommend strategies or measures to miti5 gate any adverse impacts of climate change, includ6 ing emergency preparedness measures and resiliency 

7 best practices for infrastructure planning. 

8 (c) REPORT.—Not later than 18 months after the 

9 date of enactment of this Act, the Secretary shall submit 

10 to the Committee on Transportation and Infrastructure 

11 of the House of Representatives and the Committee on 

12 Commerce, Science, and Transportation of the Senate a 

13 report containing the findings of the assessment conducted 

14 pursuant to subsection (a). 

15 (d) FURTHER COORDINATION.—The Secretary shall 

16 make the report publicly available on the website of the 

17 Department of Transportation and communicate the re18 sults of the assessment with stakeholders. 

19 (e) REGULATORY AUTHORITY.—If the Secretary 

20 finds in the report required under subsection (c) that reg21 ulatory measures are warranted and such measures are 

22 otherwise under the existing authority of the Secretary, 

23 the Secretary may issue such regulations as are necessary 

24 to implement such measures. 


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1 (f) FUNDING.—From the amounts made available for 

2 fiscal year 2021 under section 20117(a) of title 49, United 

3 States Code, the Secretary shall expend not less than 

4 $1,000,000 to carry out the study required under subpara5 graph (a). 

6 TITLE II—AMTRAK REFORMS 

7 SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS. 

8 Section 24101 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘, to the extent its 

13 budget allows,’’; and 

14 (ii) by striking ‘‘between crowded 

15 urban areas and in other areas of’’ and in16 serting ‘‘throughout’’; 

17 (B) in paragraph (2) by striking the period 

18 and inserting ‘‘, thereby providing additional 

19 capacity for the traveling public and widespread 

20 air quality benefits.’’; 

21 (C) in paragraph (4)— 

22 (i) by striking ‘‘greater’’ and inserting 

23 ‘‘high’’; and 

24 (ii) by striking ‘‘to Amtrak to achieve 

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1 pending public money’’ and inserting ‘‘in 

2 order to meet the passenger rail needs of 

3 the United States’’; 

4 (D) in paragraph (5)— 

5 (i) by inserting ‘‘intercity and’’ after 

6 ‘‘efficient’’; and 

7 (ii) by striking ‘‘the energy conserva8 tion and self-sufficiency’’ and inserting 

9 ‘‘addressing climate change, energy con10 servation, and self-sufficiency’’; and 

11 (E) by adding at the end the following: 

12 ‘‘(9) Long-distance passenger rail is an impor13 tant part of the national transportation system. 

14 ‘‘(10) Investments in intercity and commuter 

15 rail passenger transportation support jobs that pro16 vide a pathway to the middle class.’’; 

17 (2) in subsection (b) by striking ‘‘The’’ and all 

18 that follows through ‘‘consistent’’ and inserting 

19 ‘‘The mission of Amtrak is to provide a safe, effi20 cient, and high-quality national passenger rail sys21 tem, consistent’’; 

22 (3) in subsection (c)— 

23 (A) by striking paragraph (1) and insert24 ing the following: 


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1 ‘‘(1) use its best business judgment in acting to 

2 maximize the benefits of public funding;’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘minimize Government 

5 subsidies by encouraging’’ and inserting 

6 ‘‘work with’’; and 

7 (ii) by striking the semicolon and in8 serting ‘‘and improvements to service;’’; 

9 (C) by striking paragraph (3) and insert10 ing the following: 

11 ‘‘(3) manage the passenger rail network in the 

12 interest of public transportation needs, including 

13 current and future Amtrak passengers;’’; 

14 (D) in paragraph (7) by striking ‘‘encour15 age’’ and inserting ‘‘work with’’; 

16 (E) in paragraph (11) by striking ‘‘and’’ 

17 the last place it appears; and 

18 (F) by striking paragraph (12) and insert19 ing the following: 

20 ‘‘(12) utilize and manage resources with a long21 term perspective, including sound investments that 

22 take into account the overall lifecycle costs of an 

23 asset; 

24 ‘‘(13) ensure that service is accessible and ac25 commodating to passengers with disabilities; and 


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1 ‘‘(14) maximize the benefits Amtrak generates 

2 for the United States by creating quality jobs and 

3 supporting the domestic workforce.’’; and 

4 (4) by striking subsection (d). 

5 SEC. 9202. AMTRAK STATUS. 

6 Section 24301(a) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (1) by striking ‘‘20102(2)’’ 

9 and inserting ‘‘20102’’; and 

10 (2) in paragraph (2) by inserting ‘‘serving the 

11 public interest in reliable passenger rail service’’ 

12 after ‘‘for-profit corporation’’. 

13 SEC. 9203. BOARD OF DIRECTORS. 

14 Section 24302 of title 49, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) by striking subparagraph (C) and 

19 inserting the following: 

20 ‘‘(C) 8 individuals appointed by the Presi21 dent of the United States, by and with the ad22 vice and consent of the Senate, with a record of 

23 support for national passenger rail service, gen24 eral business and financial experience, and 


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1 transportation qualifications or expertise. Of 

2 the individuals appointed— 

3 ‘‘(i) 1 shall be a Mayor or Governor of 

4 a location served by a regularly scheduled 

5 Amtrak service on the Northeast Corridor; 

6 ‘‘(ii) 1 shall be a Mayor or Governor 

7 of a location served by a regularly sched8 uled Amtrak service that is not on the 

9 Northeast Corridor; 

10 ‘‘(iii) 1 shall be a labor representative 

11 of Amtrak employees; and 

12 ‘‘(iv) 2 shall be individuals with a his13 tory of regular Amtrak ridership and an 

14 understanding of the concerns of rail pas15 sengers.’’; 

16 (B) in paragraph (2) by inserting ‘‘users of 

17 Amtrak, including the elderly and individuals 

18 with disabilities, and’’ after ‘‘and balanced rep19 resentation of’’; 

20 (C) in paragraph (3) by adding at the end 

21 the following: ‘‘A member of the Board ap22 pointed under clause (i) or (ii) of paragraph 

23 (1)(C) shall serve for a term of 5 years or until 

24 such member leaves the elected office such 


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1 member occupied at the time such member was 

2 appointed, whichever is first.’’; and 

3 (D) by striking paragraph (5) and insert4 ing the following: 

5 ‘‘(5) The Secretary and any Governor of a 

6 State may be represented at a Board meeting by a 

7 designee.’’; 

8 (2) in subsection (b)— 

9 (A) by striking ‘‘PAY AND EXPENSES’’ and 

10 inserting ‘‘DUTIES, PAY, AND EXPENSES’’; and 

11 (B) by inserting ‘‘Each director must con12 sider the well-being of current and future Am13 trak passengers, and the public interest in sus14 tainable national passenger rail service.’’ before 

15 ‘‘Each director not employed by the United 

16 States Government or Amtrak’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(g) GOVERNOR DEFINED.—In this section, the term 

19 ‘Governor’ means the Governor of a State or the Mayor 

20 of the District of Columbia and includes the designee of 

21 the Governor.’’. 

22 SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT. 

23 (a) IN GENERAL.—Section 24308(c) of title 49, 

24 United States Code, is amended by adding at the end the 

25 following: ‘‘Notwithstanding section 24103(a) and section 


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1 24308(f), Amtrak shall have the right to bring an action 

2 for equitable or other relief in the United States District 

3 Court for the District of Columbia to enforce the pref4 erence rights granted under this subsection.’’. 

5 (b) CONFORMING AMENDMENT.—Section 24103 of 

6 title 49, United States Code, is amended by inserting ‘‘and 

7 section 24308(c)’’ before ‘‘, only the Attorney General’’. 

8 SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES 

9 TO AMTRAK. 

10 Section 24308(e) of title 49, United States Code, is 

11 amended— 

12 (1) by striking paragraph (1) and inserting the 

13 following: 

14 ‘‘(1)(A) When a rail carrier does not agree to 

15 allow Amtrak to operate additional trains over any 

16 rail line of the carrier on which Amtrak is operating 

17 or seeks to operate, Amtrak may submit an applica18 tion to the Board for an order requiring the carrier 

19 to allow for the operation of the requested trains. 

20 Within 90 days of receipt of such application, the 

21 Board shall determine whether the additional trains 

22 would unreasonably impair freight transportation 

23 and— 

24 ‘‘(i) for a determination that such trains 

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1 tation, order the rail carrier to allow for the op2 eration of such trains on a schedule established 

3 by the Board; or 

4 ‘‘(ii) for a determination that such trains 

5 do unreasonably impair freight transportation, 

6 initiate a proceeding to determine any addi7 tional infrastructure investments required by, 

8 or on behalf of, Amtrak. 

9 ‘‘(B) If Amtrak seeks to resume operation of a 

10 train that Amtrak operated during the 5-year period 

11 preceding an application described in subparagraph 

12 (A), the Board shall apply a presumption that the 

13 resumed operation of such train will not unreason14 ably impair freight transportation unless the Board 

15 finds that there are substantially changed cir16 cumstances.’’; 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘The Board shall consider’’ 

19 and inserting ‘‘The Board shall’’; 

20 (B) by striking subparagraph (A) and in21 serting the following: 

22 ‘‘(A) in making the determination under para23 graph (1), take into account any infrastructure in24 vestments proposed in Amtrak’s application, with 

25 the rail carrier having the burden of demonstrating 


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1 that the additional trains will unreasonably impair 

2 the freight transportation; and’’; and 

3 (C) in subparagraph (B) by inserting ‘‘con4 sider investments described in subparagraph 

5 (A) and’’ after ‘‘times,’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(4) In a proceeding initiated by the Board 

8 under paragraph (1)(B), the Board shall solicit the 

9 views of the parties and require the parties to pro10 vide any necessary data or information. Not later 

11 than 180 days after the date on which the Board 

12 makes a determination under paragraph (1)(B), the 

13 Board shall issue an order requiring the rail carrier 

14 to allow for the operation of the requested trains 

15 conditioned upon additional infrastructure or other 

16 investments needed to mitigate the unreasonable in17 terference. In determining the necessary level of ad18 ditional infrastructure or other investments, the 

19 Board shall use any criteria, assumptions, and proc20 esses it considers appropriate. 

21 ‘‘(5) The provisions of this subsection shall be 

22 in addition to any other statutory or contractual 

23 remedies Amtrak may have to obtain the right to op24 erate the additional trains.’’. 


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1 SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION. 

2 (a) IN GENERAL.—Section 28103 of title 49, United 

3 States Code, is amended— 

4 (1) by redesignating subsection (e) as sub5 section (f); and 

6 (2) by inserting after subsection (d) the fol7 lowing: 

8 ‘‘(e) PROHIBITION ON CHOICE-OF-FORUM CLAUSE.— 

9 ‘‘(1) IN GENERAL.—Amtrak may not impose a 

10 choice-of-forum clause that attempts to preclude a 

11 passenger, or a person who purchases a ticket for 

12 rail transportation on behalf of a passenger, from 

13 bringing a claim against Amtrak in any court of 

14 competent jurisdiction, including a court within the 

15 jurisdiction of the residence of such passenger in the 

16 United States (provided that Amtrak does business 

17 within that jurisdiction). 

18 ‘‘(2) COURT OF COMPETENT JURISDICTION.— 

19 Under this subsection, a court of competent jurisdic20 tion may not include an arbitration forum.’’. 

21 (b) EFFECTIVE DATE.—This section, and the amend22 ments made by this section, shall apply to any claim that 

23 arises on or after the date of enactment of this Act. 

24 SEC. 9207. AMTRAK ADA ASSESSMENT. 

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1 cols, and guidelines for compliance with the requirements 

2 of the Americans With Disabilities Act of 1990 (42 U.S.C. 

3 12101 et seq.). 

4 (b) REPORT.—Not later than 180 days after the date 

5 of enactment of this Act, Amtrak shall submit to the Com6 mittee on Transportation and Infrastructure of the House 

7 of Representatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report on the 

9 results of the assessment conducted under subsection (a). 

10 (c) CONTENTS.—The report required under sub11 section (b) shall include— 

12 (1) a summary of the policies, procedures, pro13 tocols, and guidelines reviewed; 

14 (2) any necessary changes to such policies, pro15 cedures, protocols, and guidelines to ensure compli16 ance with the Americans With Disabilities Act of 

17 1990 (42 U.S.C. 12101 et seq.), including full com18 pliance under such Act for Amtrak stations and fa19 cilities and consideration of the needs of individuals 

20 with disabilities when procuring rolling stock; and 

21 (3) an implementation plan and timeline for 

22 making any such necessary changes. 

23 (d) ENGAGEMENT.—Amtrak is encouraged to engage 

24 with a range of advocates for individuals with disabilities 

25 during the assessment conducted under subsection (a), 


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1 and develop an ongoing and standardized process for en2 gagement with advocates for individuals with disabilities. 

3 (e) PERIODIC EVALUATION.—At least once every 2 

4 years, Amtrak shall review and update, as necessary, Am5 trak policies, procedures, protocols, and guidelines to en6 sure compliance with the Americans With Disabilities Act 

7 of 1990 (42 U.S.C. 12101 et seq.). 

8 SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS. 

9 (a) IN GENERAL.—Chapter 243 of title 49, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 24323. Prohibition on smoking on Amtrak trains 

13 ‘‘(a) PROHIBITION.—Beginning on the date of enact14 ment of the TRAIN Act, Amtrak shall prohibit smoking 

15 on board Amtrak trains. 

16 ‘‘(b) ELECTRONIC CIGARETTES.— 

17 ‘‘(1) INCLUSION.—The use of an electronic cig18 arette shall be treated as smoking for purposes of 

19 this section. 

20 ‘‘(2) ELECTRONIC CIGARETTE DEFINED.—In 

21 this section, the term ‘electronic cigarette’ means a 

22 device that delivers nicotine or other substances to 

23 a user of the device in the form of a vapor that is 

24 inhaled to simulate the experience of smoking.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 243 of title 49, United States Code, is amended 

3 by adding at the end the following: 

‘‘24323. Prohibition on smoking on Amtrak trains.’’. 

4 SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AM5 TRAK. 

6 Section 24712 of title 49, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (3)(C) by striking ‘‘the 

10 vote’’ and inserting ‘‘the votes’’; 

11 (B) in paragraph (4) by striking the first 

12 sentence and inserting ‘‘The Committee shall 

13 define and periodically update the rules and 

14 procedures governing the Committee’s pro15 ceedings.’’; and 

16 (C) in paragraph (6)— 

17 (i) by striking subparagraph (B) and 

18 inserting the following: 

19 ‘‘(B) PROCEDURES.—The rules and proce20 dures implemented under paragraph (4) shall 

21 include— 

22 ‘‘(i) procedures for changing the cost 

23 allocation methodology, notwithstanding 

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1 vestment and Improvement Act (49 U.S.C. 

2 24101 note); and 

3 ‘‘(ii) procedures or broad guidelines 

4 for conducting financial planning, includ5 ing operating and capital forecasting, re6 porting, and data sharing and govern7 ance.’’; 

8 (ii) in subparagraph (C)— 

9 (I) in clause (i) by striking 

10 ‘‘and’’ at the end; 

11 (II) in clause (ii) by striking the 

12 period at the end and inserting ‘‘; 

13 and’’; and 

14 (III) by adding at the end the 

15 following: 

16 ‘‘(iii) promote increased efficiency in 

17 Amtrak’s operating and capital activities.’’; 

18 and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(D) ANNUAL REVIEW.—Not later than 

22 June 30 of each year, the Committee shall pre23 pare an evaluation of the cost allocation meth24 odology and procedures under subparagraph 

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1 mittee on Transportation and Infrastructure of 

2 the House of Representatives and the Com3 mittee on Commerce, Science, and Transpor4 tation of the Senate.’’; 

5 (2) in subsection (b)— 

6 (A) by inserting ‘‘and to the Committee’’ 

7 before ‘‘, as well as the planning’’; and 

8 (B) by inserting before the period at the 

9 end the following: ‘‘and the Committee. Not 

10 later than 180 days after the date of enactment 

11 of the TRAIN Act, the Committee shall develop 

12 a report that contains the general ledger data 

13 and operating statistics from Amtrak’s account14 ing systems used to calculate payments to 

15 States. Amtrak shall provide to the States and 

16 the Committee the report for the prior month 

17 not later than 30 days after the last day of 

18 each month’’; 

19 (3) in subsection (e) by inserting ‘‘, including 

20 incentives to increase revenue, reduce costs, finalize 

21 contracts by the beginning of the fiscal year, and re22 quire States to promptly make payments for services 

23 delivered’’ before the period; 

24 (4) in subsection (f)— 

25 (A) in paragraph (1)— 


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1 (i) by inserting ‘‘and annually review 

2 and update, as necessary,’’ after ‘‘shall de3 velop’’; and 

4 (ii) by inserting before ‘‘The Com5 mittee may consult’’ the following: ‘‘The 

6 statement shall include a list of capital 

7 projects, including infrastructure, fleet, 

8 station, and facility initiatives, needed to 

9 support the growth of State-supported 

10 routes.’’; 

11 (B) in paragraph (2) by striking ‘‘Not 

12 later than 2 years’’ and all that follows through 

13 ‘‘transmit the statement’’ and inserting ‘‘The 

14 Committee shall transmit, not later than March 

15 31 of each year, the most recent annual update 

16 to the statement’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) SENSE OF CONGRESS.—It is the sense of 

19 Congress that the Committee shall be the forum 

20 where Amtrak and States collaborate on the plan21 ning, improvement, and development of corridor 

22 routes across the National Network. The Committee 

23 shall identify obstacles to passenger rail growth and 

24 identify solutions to overcome such obstacles.’’; 


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1 (5) by redesignating subsections (g) and (h) as 

2 subsections (j) and (k), respectively; and 

3 (6) by inserting after subsection (f) the fol4 lowing: 

5 ‘‘(g) NEW STATE-SUPPORTED ROUTES.— 

6 ‘‘(1) CONSULTATION.—In developing a new 

7 State-supported route, Amtrak shall consult with the 

8 following: 

9 ‘‘(A) The State or States and local munici10 palities where such new service would operate. 

11 ‘‘(B) Commuter authorities and regional 

12 transportation authorities (as such terms are 

13 defined in section 24102) in the areas that 

14 would be served by the planned route. 

15 ‘‘(C) Host railroads. 

16 ‘‘(D) Administrator of the Federal Rail17 road Administration. 

18 ‘‘(E) Other stakeholders, as appropriate. 

19 ‘‘(2) STATE COMMITMENTS.—Notwithstanding 

20 any other provision of law, before beginning con21 struction necessary for, or beginning operation of, a 

22 State-supported route that is initiated on or after 

23 the date of enactment of the TRAIN Act, Amtrak 

24 shall enter into a memorandum of understanding, or 

25 otherwise secure an agreement, with the State in 


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1 which such route will operate for sharing ongoing 

2 fully allocated operating costs and capital costs in 

3 accordance with— 

4 ‘‘(A) the cost allocation methodology de5 scribed under subsection (a); or 

6 ‘‘(B) the alternative cost allocation sched7 ule described in paragraph (3). 

8 ‘‘(3) ALTERNATIVE COST ALLOCATION.—Under 

9 the alternative cost allocation schedule described in 

10 this paragraph, with respect to costs not covered by 

11 revenues for the operation of the new State-sup12 ported route, Amtrak shall pay— 

13 ‘‘(A) the share Amtrak otherwise would 

14 have paid under the cost allocation methodology 

15 under subsection (a); and 

16 ‘‘(B) a percentage of the share that the 

17 State otherwise would have paid under the cost 

18 allocation methodology under subsection (a) ac19 cording to the following: 

20 ‘‘(i) Amtrak shall pay up to 100 per21 cent of the capital costs necessary to ini22 tiate a new State-supported route, includ23 ing planning and development, design, and 

24 environmental analysis, prior to beginning 

25 operations on the new route. 


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1 ‘‘(ii) For the first 2 years of oper2 ation, Amtrak shall pay for 100 percent of 

3 operating costs and capital costs. 

4 ‘‘(iii) For the third year of operation, 

5 Amtrak shall pay 90 percent of operating 

6 costs and capital costs and the State shall 

7 pay the remainder. 

8 ‘‘(iv) For the fourth year of operation, 

9 Amtrak shall pay 80 percent of operating 

10 costs and capital costs and the State shall 

11 pay the remainder 

12 ‘‘(v) For the fifth year of operation, 

13 Amtrak shall pay 50 percent of operating 

14 costs and capital costs and the State shall 

15 pay the remainder. 

16 ‘‘(vi) For the sixth year of operation 

17 and thereafter, operating costs and capital 

18 costs shall be allocated in accordance with 

19 the cost allocation methodology described 

20 under subsection (a), as applicable. 

21 ‘‘(4) APPLICATION OF TERMS.—In this sub22 section, the terms ‘capital cost’ and ‘operating cost’ 

23 shall apply in the same manner as such terms apply 

24 under the cost allocation methodology developed 

25 under subsection (a). 


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1 ‘‘(h) COST ALLOCATION METHODOLOGY AND IMPLE2 MENTATION REPORT.— 

3 ‘‘(1) IN GENERAL.—Not later than 18 months 

4 after the date of enactment of the TRAIN Act, the 

5 Committee shall submit to the Committee on Trans6 portation and Infrastructure of the House of Rep7 resentatives and the Committee on Commerce, 

8 Science, and Transportation of the Senate a report 

9 assessing potential improvements to the cost alloca10 tion methodology required and approved under sec11 tion 209 of the Passenger Rail Investment and Im12 provement Act of 2008 (49 U.S.C. 24101 note). 

13 ‘‘(2) REPORT CONTENTS.—The report required 

14 under paragraph (1) shall— 

15 ‘‘(A) identify improvements to the cost al16 location methodology that would promote— 

17 ‘‘(i) transparency of route and train 

18 costs and revenues; 

19 ‘‘(ii) facilitation of service and net20 work growth; 

21 ‘‘(iii) improved services for the trav22 eling public; 

23 ‘‘(iv) maintenance or achievement of 

24 labor collective bargaining agreements; 

25 ‘‘(v) increased revenues; and 


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1 ‘‘(vi) reduced costs; 

2 ‘‘(B) describe the various contracting ap3 proaches used in State-supported services be4 tween States and Amtrak, including the meth5 od, amount, and timeliness of payments for 

6 each State-supported service; 

7 ‘‘(C) evaluate the potential benefits and 

8 feasibility, including identifying any necessary 

9 statutory changes, of implementing a service 

10 pricing model for State-supported routes in lieu 

11 of a cost allocation methodology and how such 

12 a service pricing model would advance the pri13 orities described in subparagraph (A); and 

14 ‘‘(D) summarize share of costs from the 

15 cost allocation methodology that are— 

16 ‘‘(i) assigned; 

17 ‘‘(ii) allocated regionally or locally; 

18 and 

19 ‘‘(iii) allocated nationally. 

20 ‘‘(3) UPDATE TO THE METHODOLOGY.—Not 

21 later than 2 years after the implementation of the 

22 TRAIN Act, the Committee shall update the meth23 odology, if necessary, based on the findings of the 

24 report required under paragraph (1). 


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1 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE

2 CHANGES.—Amtrak shall provide an update in the annual 

3 grant request under section 24319 of planned or proposed 

4 changes to State-supported routes, including the introduc5 tion of new State-supported routes. In identifying routes 

6 to be included in such request, Amtrak shall— 

7 ‘‘(1) identify the timeframe in which such 

8 changes could take effect and whether Amtrak has 

9 entered into a commitment with a State under sub10 section (g)(2); and 

11 ‘‘(2) consult with the Committee and any addi12 tional States in which proposed routes may operate, 

13 not less than 120 days before the annual grant re14 quest is transmitted to the Secretary.’’. 

15 SEC. 9210. AMTRAK POLICE DEPARTMENT. 

16 (a) IN GENERAL.—Not later than 90 days after the 

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall initiate a study of the workforce 

19 planning process of the Amtrak Police Department and 

20 the deployment of personnel and resources of the Depart21 ment. 

22 (b) CONSULTATION.—In carrying out the study 

23 under this section, the Comptroller General shall consult 

24 with the Amtrak Police Department Labor Committee, 

25 law enforcement and public safety experts, and entities 


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1 providing passenger rail service comparable to Amtrak, 

2 and any other relevant entities, as determined by the 

3 Comptroller General. 

4 (c) CONTENTS OF STUDY.—The study under this sec5 tion shall— 

6 (1) review and determine whether the workforce 

7 planning process used to allocate Amtrak Police De8 partment personnel, including contractors, ade9 quately meets the safety and security needs of the 

10 Amtrak network, including considering whether the 

11 planning process— 

12 (A) identifies critical positions, skills, and 

13 competencies necessary for ensuring the safety 

14 and security of the Amtrak network; 

15 (B) analyzes employment levels of sworn 

16 and civilian personnel, including patrol officers, 

17 necessary for ensuring the safety and security 

18 of the Amtrak network; 

19 (C) analyzes workforce gaps and develops 

20 strategies to address any such gaps; 

21 (D) considers the risks identified by Am22 trak’s triannual risk assessments; 

23 (E) considers variables, including ridership 

24 levels, miles of right-of-way, crime data, and 

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1 tems consider in the development of the work2 force plans of such systems; 

3 (F) includes collaboration or coordination 

4 with local, State, tribal, and Federal agencies, 

5 and public transportation agencies to support 

6 the safety and security of the Amtrak network; 

7 and 

8 (G) sets goals and performance metrics for 

9 the Department and monitors and evaluates the 

10 Department’s progress toward such goals and 

11 metrics; and 

12 (2) assess and evaluate whether the deployment 

13 of Amtrak Police Department personnel and con14 tractors as of March 1, 2020, adequately mitigates 

15 risks and ensures the safety and security of Amtrak 

16 passengers, employees, trains, stations, facilities, 

17 and other infrastructure, including— 

18 (A) whether there is an adequate number 

19 of civilian and sworn personnel deployed across 

20 the Department’s 6 geographic divisions, in21 cluding patrol officers, detectives, canine units, 

22 special operations unit, strategic operations, in23 telligence, corporate security, Office of Profes24 sional Responsibilities, and Office of Chief of 

25 Police; 


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1 (B) whether patrol officers have an ade2 quate presence on trains and route segments, 

3 and in stations, facilities, and other infrastruc4 ture; 

5 (C) whether Amtrak Police Department 

6 personnel have the tools and resources, includ7 ing vehicles, communication devices, and weap8 ons, necessary for performing their responsibil9 ities; and 

10 (D) the locations and positions occupied by 

11 Amtrak Police Department contractors and the 

12 adequacy of their training. 

13 (d) REPORT.—Not later than 18 months after the 

14 date of enactment of this Act, the Comptroller General 

15 shall submit to the Committee on Transportation and In16 frastructure of the House of Representatives and the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate a report on the results of study. Such report shall 

19 include recommendations for improving the workforce 

20 planning process and the deployment of Amtrak Police 

21 Department personnel and resources. 

22 SEC. 9211. AMTRAK FOOD AND BEVERAGE. 

23 (a) AMTRAK FOOD AND BEVERAGE.—Section 24321 

24 of title 49, United States Code, is amended to read as 

25 follows: 


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1 ‘‘§ 24321. Amtrak food and beverage 

2 ‘‘(a) ENSURING ACCESS TO FOOD AND BEVERAGE

3 SERVICES.— 

4 ‘‘(1) ACCESS TO SERVICES.—On all long-dis5 tance routes, Amtrak shall ensure that all pas6 sengers who travel overnight on such route shall 

7 have access to the food and beverage service that is 

8 provided to sleeping car passengers on such route. 

9 ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 

10 this subsection shall be construed to limit the au11 thority of Amtrak to charge passengers for any food 

12 and beverage services. 

13 ‘‘(b) FOOD AND BEVERAGE WORKFORCE.— 

14 ‘‘(1) WORKFORCE REQUIREMENT.—Amtrak 

15 shall ensure that any individual onboard a train who 

16 prepares food and beverages is an Amtrak employee. 

17 ‘‘(2) SAVINGS CLAUSE.—No Amtrak employee 

18 holding a position as of the date of enactment of the 

19 TRAIN Act may be involuntarily separated because 

20 of any action taken by Amtrak to implement this 

21 section, including any employees who are furloughed 

22 as a result of the COVID–19 pandemic. 

23 ‘‘(c) SAVINGS CLAUSE.—Amtrak shall ensure that no 

24 Amtrak employee holding a position as of the date of en25 actment of the Passenger Rail Reform and Investment Act 

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1 ment and implementation of the plan required by the 

2 amendments made by section 11207 of such Act.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) ANALYSIS.—The item related to section 

5 24321 in the analysis for chapter 243 of title 49, 

6 United States Code, is amended to read as follows: 

‘‘24321. Amtrak food and beverage.’’. 

7 (2) AMTRAK AUTHORITY.—Section 24305(c)(4) 

8 of title 49, United States Code, is amended by strik9 ing ‘‘only if revenues from the services each year at 

10 least equal the cost of providing the services’’. 

11 (3) CONTRACTING OUT.—Section 121(c) of the 

12 Amtrak Reform and Accountability Act of 1997 (49 

13 U.S.C. 24312 note; 111 Stat. 2574) is amended by 

14 striking ‘‘, other than work related to food and bev15 erage service,’’. 

16 (c) AMTRAK FOOD AND BEVERAGE WORKING

17 GROUP.— 

18 (1) ESTABLISHMENT.—Not later than 90 days 

19 after the date of enactment of this Act, Amtrak shall 

20 establish a working group (in this subsection re21 ferred to as the ‘‘Working Group’’) to provide rec22 ommendations on Amtrak onboard food and bev23 erage services. 

24 (2) MEMBERSHIP.—The Working Group shall 

25 consist of individuals representing— 


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1 (A) Amtrak; 

2 (B) the labor organizations representing 

3 Amtrak employees who prepare or provide on4 board food and beverage services; and 

5 (C) nonprofit organizations representing 

6 Amtrak passengers. 

7 (3) RECOMMENDATIONS.— 

8 (A) IN GENERAL.—The Working Group 

9 shall develop recommendations to increase rid10 ership and improve customer satisfaction by— 

11 (i) promoting collaboration and en12 gagement between Amtrak, Amtrak pas13 sengers, and Amtrak employees preparing 

14 or providing onboard food and beverage 

15 services, prior to Amtrak implementing 

16 changes to onboard food and beverage 

17 services; 

18 (ii) improving onboard food and bev19 erage services; and 

20 (iii) improving solicitation, reception, 

21 and consideration of passenger feedback 

22 regarding onboard food and beverage serv23 ices. 


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1 (B) CONSIDERATIONS.—In developing the 

2 recommendations under subparagraph (A), the 

3 Working Group shall consider— 

4 (i) the healthfulness of onboard food 

5 and beverages offered, including the ability 

6 of passengers to address dietary restric7 tions; 

8 (ii) the preparation and delivery of on9 board food and beverages; 

10 (iii) the differing needs of passengers 

11 traveling on long-distance routes, State12 supported routes, and the Northeast Cor13 ridor; 

14 (iv) Amtrak passenger survey data 

15 about the food and beverages offered on 

16 Amtrak trains; and 

17 (v) any other issue the Working 

18 Group determines appropriate. 

19 (4) REPORTS.— 

20 (A) INITIAL REPORT.—Not later than 1 

21 year after the date on which the Working 

22 Group is established, the Working Group shall 

23 submit to the Board of Directors of Amtrak, 

24 the Committee on Transportation and Infra25 structure of the House of Representatives, and 


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1 the Committee on Commerce, Science, and 

2 Transportation of the Senate a report con3 taining the recommendations developed under 

4 paragraph (3). 

5 (B) SUBSEQUENT REPORT.—Not later 

6 than 30 days after the date on which the Work7 ing Group submits the report required under 

8 subparagraph (A), Amtrak shall submit to the 

9 Committee on Transportation and Infrastruc10 ture of the House of Representatives and the 

11 Committee on Commerce, Science, and Trans12 portation of the Senate a report on whether 

13 Amtrak agrees with the recommendations of the 

14 Working Group and describing any plans to im15 plement such recommendations. 

16 (5) PROHIBITION ON FOOD AND BEVERAGE

17 SERVICE CHANGES.—During the period beginning on 

18 the date of enactment of this Act and ending 30 

19 days after the date on which Amtrak submits the re20 port required under paragraph (4)(B), Amtrak may 

21 not make changes to onboard food and beverage 

22 services, except that Amtrak shall reverse any 

23 changes to onboard food and beverage service made 

24 in response to the COVID–19 pandemic as Amtrak 

25 service is restored. 


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1 (6) TERMINATION.—The Working Group shall 

2 terminate on the date on which Amtrak submits the 

3 report required under paragraph (4)(B), except that 

4 Amtrak may extend such date by up to 1 year if 

5 Amtrak determines that the Working Group is bene6 ficial to Amtrak in making decisions related to on7 board food and beverage services. If Amtrak extends 

8 such date, Amtrak shall include notification of the 

9 extension in the report required under paragraph 

10 (4)(B). 

11 (7) NONAPPLICABILITY OF FEDERAL ADVISORY

12 COMMITTEE ACT.—The Federal Advisory Committee 

13 Act (5 U.S.C. App) does not apply to the Working 

14 Group established under this section. 

15 (8) LONG-DISTANCE ROUTE; NORTHEAST COR16 RIDOR; AND STATE-SUPPORTED ROUTE DEFINED.— 

17 In this subsection, the terms ‘‘long-distance route’’, 

18 ‘‘Northeast Corridor’’, and ‘‘State-supported route’’ 

19 have the meaning given those terms in section 

20 24102 of title 49, United States Code. 

21 SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING 

22 OUT. 

23 Section 121 of the Amtrak Reform and Account24 ability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 


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1 2574) is amended by striking subsection (d) and inserting 

2 the following: 

3 ‘‘(d) FURLOUGHED WORK.—Amtrak may not con4 tract out work within the scope of work performed by an 

5 employee in a bargaining unit covered by a collective bar6 gaining agreement entered into between Amtrak and an 

7 organization representing Amtrak employees during the 

8 period of time such employee has been laid off and has 

9 not been recalled to perform such work. 

10 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING

11 OUT.—This section does not authorize Amtrak to contract 

12 out work if the contracting out is prohibited by a collective 

13 bargaining agreement entered into between Amtrak and 

14 an organization representing Amtrak employees.’’. 

15 SEC. 9213. AMTRAK STAFFING. 

16 Section 24312 of title 49, United States Code, is 

17 amended by adding at the end the following: 

18 ‘‘(c) CALL CENTER STAFFING.— 

19 ‘‘(1) OUTSOURCING.—Amtrak may not renew 

20 or enter into a contract to outsource call center cus21 tomer service work on behalf of Amtrak, including 

22 through a business process outsourcing group. 

23 ‘‘(2) TRAINING.—Amtrak shall make available 

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1 ployee carrying out customer service activities using 

2 telephone or internet platforms. 

3 ‘‘(d) STATION AGENT STAFFING.— 

4 ‘‘(1) IN GENERAL.—Beginning on the date that 

5 is 1 year after the date of enactment of the TRAIN 

6 Act, Amtrak shall ensure that at least 1 Amtrak 

7 ticket agent is employed at each station building— 

8 ‘‘(A) that Amtrak owns, or operates service 

9 through, as part of a passenger service route; 

10 and 

11 ‘‘(B) for which the number of passengers 

12 boarding or deboarding an Amtrak vehicle in 

13 fiscal year 2019 was an average of at least 40 

14 passengers per day over all days in which the 

15 station was serviced by Amtrak, regardless of 

16 the number of Amtrak vehicles servicing the 

17 station per day. 

18 ‘‘(2) EXCEPTION.—This subsection does not 

19 apply to any station building in which a commuter 

20 rail ticket agent has the authority to sell Amtrak 

21 tickets.’’. 

22 SEC. 9214. SPECIAL TRANSPORTATION. 

23 Section 24307(a) of title 49, United States Code, is 

24 amended— 


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1 (1) in the matter preceding paragraph (1) by 

2 striking ‘‘for the following:’’ and inserting ‘‘of at 

3 least a 20 percent discount on full-price rail fares 

4 for, at a minimum—’’; 

5 (2) in paragraph (1) by striking the period at 

6 the end and inserting a semicolon; and 

7 (3) by striking paragraph (2) and inserting the 

8 following: 

9 ‘‘(2) individuals of 12 years of age or younger; 

10 ‘‘(3) individuals with a disability, as such term 

11 is defined in section 3 of the Americans with Dis12 abilities Act of 1990 (42 U.S.C. 12102); 

13 ‘‘(4) members of the Armed Forces on active 

14 duty (as those terms are defined in section 101 of 

15 title 10) and their spouses and dependents with valid 

16 identification; 

17 ‘‘(5) veterans (as that term is defined in section 

18 101 of title 38) with valid identification; and 

19 ‘‘(6) individuals attending federally-accredited 

20 postsecondary education institutions with valid stu21 dent identification cards.’’. 

22 SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM. 

23 (a) IN GENERAL.—Chapter 243 of title 49, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 24323. Disaster and emergency relief program 

2 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

3 may make grants to Amtrak for— 

4 ‘‘(1) capital projects to repair, reconstruct, or 

5 replace equipment, infrastructure, stations, and 

6 other facilities that the Secretary determines are in 

7 danger of suffering serious damage, or have suffered 

8 serious damage, as a result of an emergency event; 

9 ‘‘(2) offset revenue lost as a result of such an 

10 event; and 

11 ‘‘(3) support continued operations following 

12 emergency events. 

13 ‘‘(b) COORDINATION OF EMERGENCY FUNDS.— 

14 Funds made available to carry out this section shall be 

15 in addition to any other funds available and shall not af16 fect the ability of Amtrak to use any other funds otherwise 

17 authorized by law. 

18 ‘‘(c) GRANT CONDITIONS.—Grants made under this 

19 subsection (a) shall be subject to such terms and condi20 tions as the Secretary determines necessary. 

21 ‘‘(d) DEFINITION OF EMERGENCY EVENT.—In this 

22 section, the term ‘emergency event’ has the meaning given 

23 such term in section 20103.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 243 of title 49, United States Code, is amended by 

3 adding at the end the following: 

‘‘24323. Disaster and emergency relief program.’’. 

4 SEC. 9216. RECREATIONAL TRAIL ACCESS. 

5 Section 24315 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(i) RECREATIONAL TRAIL ACCESS.—At least 30 

8 days before implementing a new policy, structure, or oper9 ation that affects recreational trail access, Amtrak shall 

10 submit to the Committee on Transportation and Infra11 structure of the House of Representatives and the Com12 mittee on Environment and Public Works of the Senate 

13 a report on such policy, structure, or operation and rec14 reational trail access affected. Such report shall include 

15 Amtrak’s plans to mitigate the impact to such recreational 

16 trail access.’’. 

17 TITLE III—INTERCITY 

18 PASSENGER RAIL POLICY 

19 SEC. 9301. NORTHEAST CORRIDOR COMMISSION. 

20 Section 24905 of title 49, United States Code, is 

21 amended— 

22 (1) in subsection (a)(1)— 

23 (A) in subparagraph (A) by striking 

24 ‘‘members’’ and inserting ‘‘4 members’’; 


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1 (B) in subparagraph (B) by striking 

2 ‘‘members’’ and inserting ‘‘5 members’’; and 

3 (C) in subparagraph (D) by striking ‘‘and 

4 commuter railroad carriers using the Northeast 

5 Corridor selected by the Secretary’’ and insert6 ing ‘‘railroad carriers and commuter authorities 

7 using the Northeast Corridor, as determined by 

8 the Commission’’; 

9 (2) by striking paragraph (2) of subsection (a) 

10 and inserting the following: 

11 ‘‘(2) At least 2 of the members described in 

12 paragraph (1)(B) shall be career appointees, as such 

13 term is defined in section 3132(a) of title 5.’’; 

14 (3) in subsection (b)(3)(B)— 

15 (A) in clause (i) by inserting ‘‘, including 

16 ridership trends,’’ before ‘‘along the Northeast 

17 Corridor’’; 

18 (B) in clause (ii) by striking ‘‘capital in19 vestment plan described in section 24904.’’ and 

20 inserting ‘‘first year of the capital investment 

21 plan described in section 24904; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(iii) progress in assessing and elimi24 nating the state-of-good-repair backlog.’’; 

25 (4) in subsection (c)— 


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1 (A) by striking ‘‘(1) DEVELOPMENT’’ and 

2 all that follows through ‘‘standardized policy’’ 

3 and inserting the following: 

4 ‘‘(1) POLICY.—The Commission shall— 

5 ‘‘(A) maintain and update, as appropriate, 

6 the ‘Northeast Corridor Commuter and Inter7 city Rail Cost Allocation Policy’ approved on 

8 September 17, 2015,’’; 

9 (B) in paragraph (1)— 

10 (i) in subparagraph (B) by striking ‘‘a 

11 proposed timetable for implementing’’ and 

12 inserting ‘‘timetables for implementing and 

13 maintaining’’; 

14 (ii) in subparagraph (C) by striking 

15 ‘‘the policy and the timetable’’ and insert16 ing ‘‘updates to the policy and the time17 tables’’; and 

18 (iii) by striking subparagraph (D) and 

19 inserting the following: 

20 ‘‘(D) support the efforts of the members of 

21 the Commission to implement the policy in ac22 cordance with such timetables; and’’; 

23 (C) in paragraph (2)— 

24 (i) by striking the first sentence and 

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1 table developed in paragraph (1), Amtrak 

2 and commuter authorities on the North3 east Corridor shall implement the policy 

4 developed under paragraph (1) in agree5 ments for usage of facilities or services.’’; 

6 (ii) by striking ‘‘fail to implement 

7 such new agreements’’ and inserting ‘‘fail 

8 to implement the policy’’; and 

9 (iii) by striking ‘‘paragraph (1)(A), as 

10 applicable’’ and inserting ‘‘paragraph (1)’’; 

11 and 

12 (D) in paragraph (4) by striking ‘‘public 

13 authorities providing commuter rail passenger 

14 transportation’’ and inserting ‘‘commuter au15 thorities’’; 

16 (5) by striking subsection (d); 

17 (6) by redesignating subsection (e) as sub18 section (d); and 

19 (7) in paragraph (1)(D) of subsection (d) (as 

20 redesignated by paragraph (6)) by striking ‘‘com21 muter rail agencies’’ and inserting ‘‘commuter au22 thorities’’. 

23 SEC. 9302. NORTHEAST CORRIDOR PLANNING. 

24 (a) IN GENERAL.—Section 24904 of title 49, United 

25 States Code, is amended— 


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1 (1) by redesignating subsection (e) as sub2 section (f); 

3 (2) by striking subsection (c); 

4 (3) by redesignating subsections (a) and (b) as 

5 subsections (b) and (c), respectively; 

6 (4) by inserting before subsection (b), as so re7 designated, the following: 

8 ‘‘(a) STRATEGIC DEVELOPMENT PLAN.— 

9 ‘‘(1) REQUIREMENT.—Not later than December 

10 31, 2021, the Northeast Corridor Commission estab11 lished under section 24905 (referred to in this sec12 tion as the ‘Commission’) shall submit to Congress 

13 a strategic development plan that identifies key 

14 state-of-good-repair, capacity expansion, and capital 

15 improvement projects planned for the Northeast 

16 Corridor, to upgrade aging infrastructure and im17 prove the reliability, capacity, connectivity, perform18 ance, and resiliency of passenger rail service on the 

19 Northeast Corridor. 

20 ‘‘(2) CONTENTS.—The strategic development 

21 plan required under paragraph (1) shall— 

22 ‘‘(A) provide a coordinated and consensus23 based plan covering a period of 15 years; 

24 ‘‘(B) identify service objectives and capital 

25 investments needs; 


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1 ‘‘(C) provide a delivery-constrained strat2 egy that identifies capital investment phasing, 

3 an evaluation of workforce needs, and strategies 

4 for managing resources and mitigating con5 struction impacts on operations; 

6 ‘‘(D) include a financial strategy that iden7 tifies funding needs and potential sources and 

8 includes an economic impact analysis; and 

9 ‘‘(E) be updated at least every 5 years.’’; 

10 (5) in subsection (b) (as redesignated by para11 graph (3))— 

12 (A) by striking ‘‘Not later than’’ and all 

13 that follows through ‘‘shall’’ and inserting ‘‘Not 

14 later than November 1 of each year, the Com15 mission shall’’; 

16 (B) in paragraph (1)(A) by striking ‘‘a 

17 capital investment plan’’ and inserting ‘‘an an18 nual capital investment plan’’; 

19 (C) in paragraph (2)— 

20 (i) in subparagraph (A) by striking 

21 ‘‘and network optimization’’; 

22 (ii) in subparagraph (B) by striking 

23 ‘‘and service’’; 


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1 (iii) in subparagraph (C) by striking 

2 ‘‘first fiscal year after the date on which’’ 

3 and inserting ‘‘fiscal year during which’’; 

4 (iv) in subparagraph (D) by striking 

5 ‘‘identify, prioritize,’’ and all that follows 

6 through ‘‘and consider’’ and inserting 

7 ‘‘document the projects and programs 

8 being undertaken to achieve the service 

9 outcomes identified in the Northeast Cor10 ridor strategic development plan, once 

11 available, and the asset condition needs 

12 identified in the Northeast Corridor asset 

13 management plans and consider’’; and 

14 (v) in subparagraph (E)(i) by striking 

15 ‘‘normalized capital replacement and’’; and 

16 (D) in paragraph (3)(B) by striking ‘‘ex17 pected allocated shares of costs’’ and inserting 

18 ‘‘status of cost sharing agreements’’; 

19 (6) in subsection (c) (as redesignated by para20 graph (3)) by striking ‘‘may be spent only on’’ and 

21 all that follows through the end and inserting ‘‘may 

22 be spent only on capital projects and programs con23 tained in the Commission’s capital investment plan 

24 from the previous year.’’; and 


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1 (7) by striking subsections (d) and (e) and in2 serting the following: 

3 ‘‘(d) REVIEW AND COORDINATION.—The Commis4 sion shall gather information from Amtrak, the States in 

5 which the Northeast Corridor is located, and commuter 

6 rail authorities to support development of the capital in7 vestment plan. The Commission may specify a format and 

8 other criteria for the information submitted. Submissions 

9 to the plan from Amtrak, States in which the Northeast 

10 Corridor are located, and commuter rail authorities shall 

11 be provided to the Commission in a manner that allows 

12 for a reasonable period of review by, and coordination 

13 with, affected agencies. 

14 ‘‘(e) NORTHEAST CORRIDOR ASSET MANAGE15 MENT.— 

16 ‘‘(1) CONTENTS.—With regard to existing in17 frastructure, Amtrak and other infrastructure own18 ers that provide or support intercity rail passenger 

19 transportation on the Northeast Corridor shall de20 velop an asset management system, and use and up21 date such system as necessary, to develop submis22 sions to the Northeast Corridor capital investment 

23 plan described in subsection (b). Such system 

24 shall— 


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1 ‘‘(A) be consistent with the Federal Tran2 sit Administration process, as authorized under 

3 section 5326, when implemented; and 

4 ‘‘(B) include, at a minimum— 

5 ‘‘(i) an inventory of all capital assets 

6 owned by the developer of the plan; 

7 ‘‘(ii) an assessment of asset condition; 

8 ‘‘(iii) a description of the resources 

9 and processes necessary to bring or main10 tain those assets in a state of good repair; 

11 and 

12 ‘‘(iv) a description of changes in asset 

13 condition since the previous version of the 

14 plan.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) ACCOUNTS.—Section 24317(d)(1) of title 

17 49, United States Code, is amended— 

18 (A) in subparagraph (B) by striking 

19 ‘‘24904(a)(2)(E)’’ and inserting 

20 ‘‘24904(b)(2)(E)’’; and 

21 (B) in subparagraph (F) by striking 

22 ‘‘24904(b)’’ and inserting ‘‘24904(c)’’. 

23 (2) FEDERAL-STATE PARTNERSHIP FOR STATE

24 OF GOOD REPAIR.—Section 24911(e)(2) of title 49, 


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1 United States Code, is amended by striking 

2 ‘‘24904(a)’’ and inserting ‘‘24904(b)’’. 

3 SEC. 9303. PROTECTIVE ARRANGEMENTS. 

4 Section 22905 of title 49, United States Code, is 

5 amended— 

6 (1) in subsection (c)(2)(B) by striking ‘‘that are 

7 equivalent to the protective arrangements established 

8 under section 504 of the Railroad Revitalization and 

9 Regulatory Reform Act of 1976 (45 U.S.C. 836)’’ 

10 and inserting ‘‘established by the Secretary under 

11 subsection (e)(1)’’; 

12 (2) by redesignating subsections (e) and (f) as 

13 subsections (f) and (g), respectively; and 

14 (3) by inserting after subsection (d) the fol15 lowing: 

16 ‘‘(e) EQUIVALENT EMPLOYEE PROTECTIONS.— 

17 ‘‘(1) ESTABLISHMENT.—Not later than 90 days 

18 after the date of enactment of this subsection, the 

19 Administrator of the Federal Railroad Administra20 tion shall establish protective arrangements equiva21 lent to those established under section 504 of the 

22 Railroad Revitalization and Regulatory Reform Act 

23 of 1976 (45 U.S.C. 836), and require such protec24 tive arrangements to apply to employees described 


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1 under subsection (c)(2)(B) and as required under 

2 subsection (l) of section 22907. 

3 ‘‘(2) PUBLICATION.—The Administrator shall 

4 make available on a publicly available website the 

5 protective arrangements established under para6 graph (1).’’. 

7 SEC. 9304. HIGH-SPEED RAIL FUNDS. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law and not later than 90 days after the date of 

10 enactment of this Act, the Secretary of Transportation 

11 shall reinstate any cooperative agreement terminated after 

12 January 1, 2019 that was originally entered into under 

13 the heading ‘‘Capital Assistance for High Speed Rail Cor14 ridors and Intercity Passenger Rail Service’’ in the De15 partment of Transportation Appropriations Act, 2010 

16 (Public Law 111–117). 

17 (b) INCLUSION.—The reinstatement under subsection 

18 (a) shall include the obligation to such agreement of all 

19 of the funds obligated to such agreement as of the date 

20 of termination of such agreement. 


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1 TITLE IV—COMMUTER RAIL 

2 POLICY 

3 SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION 

4 OF TRACKAGE USE REQUESTS. 

5 Section 28502 of title 49, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 28502. Surface Transportation Board mediation of 

8 trackage use requests 

9 ‘‘A rail carrier shall provide good faith consideration 

10 to a reasonable request from a provider of commuter rail 

11 passenger transportation for access to trackage and provi12 sion of related services. If, after a reasonable period of 

13 negotiation, a public transportation authority cannot 

14 reach agreement with a rail carrier to use trackage of, and 

15 have related services provided by, the rail carrier for pur16 poses of commuter rail passenger transportation, the pub17 lic transportation authority or the rail carrier may apply 

18 to the Board for nonbinding mediation. The Board shall 

19 conduct the nonbinding mediation in accordance with the 

20 mediation process of section 1109.4 of title 49, Code of 

21 Federal Regulations, as in effect on the date of enactment 

22 of the TRAIN Act.’’. 


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1 SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION 

2 OF RIGHTS-OF-WAY USE REQUESTS. 

3 Section 28503 of title 49, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 28503. Surface Transportation Board mediation of 

6 rights-of-way use requests 

7 ‘‘A rail carrier shall provide good faith consideration 

8 to a reasonable request from a provider of commuter rail 

9 passenger transportation for access to rail right-of-way for 

10 the construction and operation of a segregated fixed guide11 way facility. If, after a reasonable period of negotiation, 

12 a public transportation authority cannot reach agreement 

13 with a rail carrier to acquire an interest in a railroad 

14 right-of-way for the construction and operation of a seg15 regated fixed guideway facility to provide commuter rail 

16 passenger transportation, the public transportation au17 thority or the rail carrier may apply to the Board for non18 binding mediation. The Board shall conduct the non19 binding mediation in accordance with the mediation proc20 ess of section 1109.4 of title 49, Code of Federal Regula21 tions, as in effect on the date of enactment of the TRAIN 

22 Act.’’. 


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1 TITLE V—RAIL SAFETY 

2 Subtitle A—Passenger and Freight 

3 Safety 

4 SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IM5 PACT OF TRAINS LONGER THAN 7,500 FEET. 

6 (a) STUDY.—The Secretary of Transportation shall 

7 seek to enter into an agreement with the National Acad8 emies to conduct a study and issue to the Committee on 

9 Transportation and Infrastructure of the House of Rep10 resentatives and the Committee on Commerce, Science, 

11 and Transportation of the Senate a report on the safety 

12 impacts of freight trains longer than 7,500 feet. 

13 (b) CONTENTS.—The study conducted pursuant to 

14 subsection (a) shall include— 

15 (1) an examination of any potential risks of the 

16 operation of such trains and recommendations on 

17 mitigation of such risks; 

18 (2) among other safety factors with respect to 

19 such trains, an evaluation of— 

20 (A) any increased risk of loss of commu21 nications between the end of train device and 

22 the locomotive cab, including communications 

23 over differing terrains and conditions; 

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1 munications over differing terrains and condi2 tions; 

3 (C) any increased risk of derailments, in4 cluding risks associated with in-train compres5 sive forces and slack action or other safety risks 

6 in the operations of such trains in differing ter7 rains and conditions; 

8 (D) safety risks associated with the deploy9 ment of multiple distributed power units in the 

10 consists of such trains; and 

11 (E) impacts of the length of trains on 

12 braking and locomotive performance and track 

13 wear and tear; and 

14 (3) an evaluation of whether additional engineer 

15 and conductor training is required for safely oper16 ating such trains. 

17 (c) REPORT.—Not later than 18 months after the 

18 date of enactment of this Act, the Secretary shall submit 

19 to the Committee on Transportation and Infrastructure 

20 of the House of Representatives and the Committee on 

21 Commerce, Science, and Transportation of the Senate a 

22 report on the results of the study. 

23 (d) FUNDING.—From the amounts made available 

24 for fiscal year 2021 to carry out section 20117(a) of title 

25 49, United States Code, the Secretary shall expend not 


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1 less than $1,000,000 and not more than $2,000,000 to 

2 carry out the study required under subsection (a). 

3 SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD 

4 OPERATING AND SCHEDULING PRACTICES. 

5 (a) STUDY.—The Comptroller General of the United 

6 States shall study the impact on freight rail shippers, Am7 trak, commuter railroads, railroad employees, and other 

8 affected parties of changes in freight railroad operating 

9 and scheduling practices as a result of the implementation 

10 of the precision scheduled railroading model. 

11 (b) CONTENTS.—At minimum, the study shall exam12 ine— 

13 (1) the impacts of the operation of longer 

14 trains; 

15 (2) safety impacts of reduction in workforce, in16 cluding occupational injury rates, impacts to inspec17 tion frequencies and repair quality, and changes in 

18 workforce demands; 

19 (3) the elimination or downsizing of yards, re20 pair facilities, and other operational facilities; 

21 (4) increases in demurrage or accessorial 

22 charges or other costs to shippers; 

23 (5) capital expenditures for rail infrastructure; 

24 and 


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1 (6) the effect of changes to dispatching prac2 tices and locations of dispatching centers on— 

3 (A) the on-time performance of passenger 

4 trains, and 

5 (B) the quality and reliability of service to 

6 freight shippers. 

7 (c) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Comptroller General shall 

9 submit to the Committee on Transportation and Infra10 structure of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate a report summarizing the study and the results 

13 of such study, including recommendations for addressing 

14 any negative impacts of precision scheduled railroading on 

15 freight shippers or passenger railroads. 

16 SEC. 9503. FRA SAFETY REPORTING. 

17 (a) IN GENERAL.—Section 20901 of title 49, United 

18 States Code, is amended by inserting ‘‘(including the train 

19 length, the number of crew members on board the train, 

20 and the duties of such crew members)’’ after ‘‘reported 

21 accident or incident’’. 

22 (b) REGULATIONS.—Not later than 180 days after 

23 the date of enactment of this Act, the Secretary of Trans24 portation shall issue such regulations as are necessary to 

25 carry out the amendment made by subsection (a). 


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1 SEC. 9504. WAIVER NOTICE REQUIREMENTS. 

2 Section 20103(d) of title 49, United States Code, is 

3 amended to read as follows: 

4 ‘‘(d) NONEMERGENCY WAIVERS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may waive 

6 compliance with any part of a regulation prescribed 

7 or order issued under this chapter if the waiver is 

8 in the public interest and consistent with railroad 

9 safety. 

10 ‘‘(2) NOTICE REQUIRED.—The Secretary 

11 shall— 

12 ‘‘(A) provide timely public notice of any re13 quest for a waiver under this subsection; 

14 ‘‘(B) make the application for such waiver 

15 and any related underlying data available to in16 terested parties; 

17 ‘‘(C) provide the public with notice and a 

18 reasonable opportunity to comment on a pro19 posed waiver under this subsection before mak20 ing a final decision; and 

21 ‘‘(D) make public the reasons for granting 

22 a waiver under this subsection. 

23 ‘‘(3) INFORMATION PROTECTION.—Nothing in 

24 this subsection shall be construed to require the re25 lease of information protected by law from public 

26 disclosure.’’. 


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1 SEC. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY AS2 SESSMENTS. 

3 (a) INITIAL NOTICE.—Not later than 10 business 

4 days after the Federal Railroad Administration initiates 

5 a comprehensive safety assessment of an entity providing 

6 regularly scheduled intercity or commuter rail passenger 

7 transportation, the Federal Railroad Administration shall 

8 notify in electronic format the Committee on Transpor9 tation and Infrastructure of the House of Representatives 

10 and the Committee on Commerce, Science, and Transpor11 tation of the Senate, and each member of Congress rep12 resenting a State in which the service that is the subject 

13 of the assessment being conducted is located, of the initi14 ation of such assessment. 

15 (b) FINDINGS.—Not later than 90 days after comple16 tion of a comprehensive safety assessment described in 

17 subsection (a), the Federal Railroad Administration shall 

18 transmit in electronic format to the Committee on Trans19 portation and Infrastructure of the House of Representa20 tives and the Committee on Commerce, Science, and 

21 Transportation of the Senate, and to each member of Con22 gress representing a State in which the service that is the 

23 subject of the assessment being conducted is located, the 

24 findings of such assessment, including identified defects 

25 and any recommendations. 


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1 (c) DEFINITION OF COMPREHENSIVE SAFETY AS2 SESSMENT.—In this section, the term ‘‘comprehensive 

3 safety assessment’’ means a focused review of the safety4 related processes and procedures, compliance with safety 

5 regulations and requirements, and overall safety culture 

6 of an entity providing regularly scheduled intercity or com7 muter rail passenger transportation. 

8 SEC. 9506. FRA ACCIDENT AND INCIDENT INVESTIGATIONS. 

9 Section 20902 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (b) by striking ‘‘subpena’’ and 

12 inserting ‘‘subpoena’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(d) GATHERING INFORMATION AND TECHNICAL

15 EXPERTISE.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall create 

17 a standard process for investigators to use during 

18 accident and incident investigations conducted under 

19 this section for determining when it is appropriate 

20 to, and how to— 

21 ‘‘(A) gather information about an accident 

22 or incident under investigation from railroad 

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1 road carriers, and others, as determined rel2 evant by the Secretary; and 

3 ‘‘(B) consult with railroad carriers, con4 tractors or employees of railroad carriers or 

5 representatives of employees of railroad car6 riers, and others, as determined relevant by the 

7 Secretary, for technical expertise on the facts of 

8 the accident or incident under investigation. 

9 ‘‘(2) CONFIDENTIALITY.—In developing the 

10 process under paragraph (1), the Secretary shall fac11 tor in ways to maintain the confidentiality of any en12 tity identified under paragraph (1) if— 

13 ‘‘(A) such entity requests confidentiality; 

14 ‘‘(B) such entity was not involved in the 

15 accident or incident; and 

16 ‘‘(C) maintaining such entity’s confiden17 tiality does not adversely affect an investigation 

18 of the Federal Railroad Administration. 

19 ‘‘(3) APPLICATION OF LAW.—This subsection 

20 shall not apply to any investigation carried out by 

21 the National Transportation Safety Board.’’. 

22 SEC. 9507. RAIL SAFETY IMPROVEMENTS. 

23 (a) FEDERAL RAILROAD ADMINISTRATION REQUIRE24 MENTS.—Not later than 18 months after the date of enVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 actment of this Act, the Secretary of Transportation shall 

2 carry out the following: 

3 (1) Complete a study on how signage can be 

4 used to improve safety in the rail industry that in5 cludes— 

6 (A) a review of how signs used for other 

7 modes of transportation may be effectively used 

8 in the rail industry; 

9 (B) a review of how signs used in the rail10 road industry differ; and 

11 (C) an analysis of whether a uniform sys12 tem for speed signs across the United States 

13 rail system would benefit the railroad industry 

14 and improve safety. 

15 (2) Reevaluate seat securement mechanisms 

16 and the susceptibility of such mechanisms to inad17 vertent rotation, and identify a means to prevent the 

18 failure of such mechanisms to maintain seat secure19 ment. 

20 (3) Conduct research to evaluate the causes of 

21 passenger injuries in passenger railcar derailments 

22 and overturns and evaluate potential methods for 

23 mitigating such injuries. 

24 (4) Based on the research conducted under 

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1 ards for passenger railcars that will mitigate pas2 senger injuries likely to occur during derailments 

3 and overturns. 

4 (5) Develop policies for the safe use of child 

5 seats to prevent uncontrolled or unexpected move6 ments in intercity passenger trains from disrupting 

7 the secure position of such seats. 

8 (b) REQUIREMENTS FOR AMTRAK.—Not later than 

9 18 months after the date of enactment of this Act, Amtrak 

10 shall— 

11 (1) ensure operating crewmembers demonstrate 

12 proficiency, under daylight and nighttime conditions, 

13 on the physical characteristics of a territory by using 

14 all resources available, including in-cab instruments, 

15 observation rides, throttle time, signage, signals, and 

16 landmarks; 

17 (2) ensure the proficiency required under para18 graph (1) is demonstrated on written examinations; 

19 (3) revise classroom and road training pro20 grams to ensure that operating crews fully under21 stand all locomotive operating characteristics, 

22 alarms, and the appropriate response to abnormal 

23 conditions; 

24 (4) require that all engineers undergo simulator 

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1 ment (at a minimum, experience and respond prop2 erly to all alarms), and when possible, undergo simu3 lator training to experience normal and abnormal 

4 conditions on new territory before operating in rev5 enue service on such new territory; 

6 (5) ensure that simulator training specified in 

7 paragraph (4) supplements the hours engineers 

8 spend training on new equipment before becoming 

9 certified on such equipment and performing runs on 

10 new territory before becoming qualified on such ter11 ritory; 

12 (6) implement a formal, systematic approach to 

13 developing training and qualification programs to 

14 identify the most effective strategies for preparing 

15 crewmembers to safely operate new equipment on 

16 new territories; 

17 (7) work with host railroads and States that 

18 own infrastructure over which Amtrak operates to 

19 complete a comprehensive assessment of the terri20 tories to ensure that necessary wayside signs and 

21 plaques are identified, highly noticeable, and strate22 gically located to provide operating crews the infor23 mation needed to safely operate trains; 

24 (8) update the safety review process to ensure 

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1 curate before initiating new or revised revenue oper2 ations; 

3 (9) incorporate all prerevenue service planning, 

4 construction, and route verification work into the 

5 scope of a corporate-wide system safety plan, includ6 ing through rules and policies, risk assessment anal7 yses, safety assurances, and safety promotions; and 

8 (10) conduct risk assessments on all new or up9 graded services that occur on Amtrak-owned terri10 tory, host railroads, or in States that own infra11 structure over which Amtrak operates. 

12 (c) REPORT.—Not later than 18 months after the 

13 date of enactment of this Act, the Secretary and Amtrak 

14 shall submit to the Committee on Transportation and In15 frastructure of the House of Representatives and the Com16 mittee on Commerce, Science, and Transportation of the 

17 Senate a report on their progress on meeting the require18 ments under subsections (a) and (b), respectively, includ19 ing a description of all completed elements of the require20 ments. 

21 SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION 

22 PLANS. 

23 Section 11406 of the FAST Act (Public Law 114– 

24 94) is amended— 


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1 (1) in subsection (c) by inserting ‘‘or subsection 

2 (d)(2)’’ after ‘‘subsection (b)’’; 

3 (2) by redesignating subsections (d) through (f) 

4 as subsections (e) through (g), respectively; 

5 (3) by inserting after subsection (c) the fol6 lowing: 

7 ‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail8 road carrier that files an action plan under subsection (b) 

9 shall— 

10 ‘‘(1) not later than 1 year after the date of en11 actment of the TRAIN Act, and annually thereafter, 

12 review such plan to ensure the effectiveness of ac13 tions taken to enable warning and enforcement of 

14 the maximum authorized speed for passenger trains 

15 at each location identified under subsection (b)(1); 

16 and 

17 ‘‘(2) not later than 90 days prior to imple18 menting any operational or territorial operating 

19 change, including initiating a new service or route, 

20 submit to the Secretary a revised action plan that 

21 addresses such operational or territorial operating 

22 change.’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(h) PROHIBITION.—No new intercity rail passenger 

25 transportation or commuter rail passenger service may 


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1 begin operation unless the railroad carrier providing such 

2 service is in compliance with this section.’’. 

3 SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS. 

4 (a) IN GENERAL.—Subchapter II of chapter 201 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 20169. Freight train crew size safety standards 

8 ‘‘(a) MINIMUM CREW SIZE.—No freight train may be 

9 operated unless such train has a crew of at least 1 appro10 priately qualified and certified conductor and 1 appro11 priately qualified and certified engineer. 

12 ‘‘(b) EXCEPTIONS.—Except as provided in subsection 

13 (d), the prohibition in subsection (a) shall not apply in 

14 the following circumstances: 

15 ‘‘(1) Train operations within a rail yard or ter16 minal area or on auxiliary or industry tracks. 

17 ‘‘(2) A train operated— 

18 ‘‘(A) by a railroad carrier that has fewer 

19 than 400,000 total employee work hours annu20 ally and less than $20,000,000 annual revenue; 

21 ‘‘(B) at a speed of not more than 25 miles 

22 per hour; and 

23 ‘‘(C) on a track with an average track 

24 grade of less than 2 percent for any segment of 

25 track that is at least 2 continuous miles. 


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1 ‘‘(3) Locomotives performing assistance to a 

2 train that has incurred mechanical failure or lacks 

3 the power to traverse difficult terrain, including 

4 traveling to or from the location where assistance is 

5 provided. 

6 ‘‘(4) Locomotives that— 

7 ‘‘(A) are not attached to any equipment or 

8 attached only to a caboose; and 

9 ‘‘(B) do not travel farther than 30 miles 

10 from a rail yard. 

11 ‘‘(5) Train operations staffed with fewer than a 

12 2-person crew at least 1 year prior to the date of en13 actment of this section, if the Secretary determines 

14 that the operation achieves an equivalent level of 

15 safety. 

16 ‘‘(c) TRAINS INELIGIBLE FOR EXCEPTION.—The ex17 ceptions under subsection (b) may not be applied to— 

18 ‘‘(1) a train transporting 1 or more loaded cars 

19 carrying material toxic by inhalation, as defined in 

20 section 171.8 of title 49, Code of Federal Regula21 tions; 

22 ‘‘(2) a train carrying 20 or more loaded tank 

23 cars of a Class 2 material or a Class 3 flammable 

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1 terial or a Class 3 flammable liquid throughout the 

2 train consist; and 

3 ‘‘(3) a train with a total length of 7,500 feet or 

4 greater. 

5 ‘‘(d) WAIVER.—A railroad carrier may seek a waiver 

6 of the requirements of this section pursuant to section 

7 20103(d).’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for sub9 chapter II of chapter 201 of title 49, United States Code, 

10 is amended by adding at the end the following: 

‘‘20169. Freight train crew size safety standards.’’. 

11 SEC. 9510. SAFE CROSS BORDER OPERATIONS. 

12 (a) IN GENERAL.—Section 416 title IV of division 

13 A of the Rail Safety Improvement Act of 2008 (49 U.S.C. 

14 20107 note) is amended— 

15 (1) by striking ‘‘Mechanical and brake’’ and in16 serting ‘‘(a) IN GENERAL.—Mechanical and brake’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(b) WAIVER.—The Secretary may not grant any 

20 waiver or waiver modification that provides for the ability 

21 to perform mechanical or brake inspections of rail cars 

22 in Mexico in lieu of complying with the certification re23 quirements of this section.’’. 

24 (b) SAFETY STANDARDS FOR CERTAIN RAIL

25 CREWS.— 


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1 (1) IN GENERAL.—Title IV of division A of the 

2 Rail Safety Improvement Act of 2008 (Public Law 

3 110–432) is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS. 

6 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

7 may not permit covered rail employees to enter the United 

8 States to perform train or dispatching service unless the 

9 Secretary certifies that— 

10 ‘‘(1) Mexico has adopted and is enforcing safety 

11 standards for covered rail employees that are equiva12 lent to, or greater than, those applicable to railroad 

13 employees whose primary reporting point is in the 

14 United States, including qualification and certifi15 cation requirements under parts 240 and 242 of title 

16 49, Code of Federal Regulations; 

17 ‘‘(2) covered rail employees are subject to the 

18 alcohol and drug testing requirements in part 219 of 

19 title 49, Code of Federal Regulations, including the 

20 requirements of subparts F, G, and H of such part, 

21 to the same extent as such requirements apply to 

22 railroad employees whose primary reporting point is 

23 in the United States and who are subject to such 

24 part; 


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1 ‘‘(3) covered rail employees are subject to hours 

2 of service requirements under section 21103 of title 

3 49, United States Code, at all times any such em4 ployee is on duty, regardless of location; 

5 ‘‘(4) covered rail employees are subject to the 

6 motor vehicle driving record evaluation requirements 

7 in section 240.115 of title 49, Code of Federal Reg8 ulations, to the same extent as such requirements 

9 apply to railroad employees whose primary reporting 

10 point is in the United States and are subject to such 

11 section, and that such evaluation includes driving 

12 records from the same country as the employee’s 

13 primary reporting point; and 

14 ‘‘(5) the Federal Railroad Administration is 

15 permitted to perform onsite inspections of rail facili16 ties in Mexico to ensure compliance with paragraphs 

17 (1) and (2). 

18 ‘‘(b) NOTICE REQUIRED.— 

19 ‘‘(1) IN GENERAL.—Not later than 5 days after 

20 the date on which the Secretary certifies each of the 

21 requirements under paragraphs (1) through (5) of 

22 subsection (a), the Secretary shall publish in the 

23 Federal Register— 

24 ‘‘(A) notice of each such certification; and 


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1 ‘‘(B) documentation supporting each such 

2 certification. 

3 ‘‘(2) PUBLIC COMMENT.—To ensure compliance 

4 with the requirements of this section and any other 

5 applicable safety requirements, the Secretary shall— 

6 ‘‘(A) allow for public comment on the no7 tice required under paragraph (1); and 

8 ‘‘(B) hold a public hearing on such notice. 

9 ‘‘(3) CONGRESSIONAL NOTICE.—On the date on 

10 which each publication required under paragraph (1) 

11 is published in the Federal Register, the Secretary 

12 shall notify the Committee on Transportation and 

13 Infrastructure of the House of Representatives and 

14 the Committee on Commerce, Science, and Trans15 portation of the Senate of such publication. 

16 ‘‘(c) DRUG AND ALCOHOL TESTING.— 

17 ‘‘(1) NONAPPLICATION OF EXEMPTION.—For 

18 purposes of compliance with subsection (a)(2), the 

19 exemption contained in part 219.3(d)(2) of title 49, 

20 Code of Federal Regulations, shall not apply. 

21 ‘‘(2) AUDIT BY OFFICE OF DRUG AND ALCOHOL

22 COMPLIANCE.—To ensure compliance with the drug 

23 and alcohol testing programs described in subsection 

24 (a)(2), the Office of Drug and Alcohol Compliance 

25 in the Department of Transportation shall conduct 


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1 an annual audit of such programs and recommend 

2 enforcement actions as needed. 

3 ‘‘(d) DEFINITION OF COVERED RAIL EMPLOYEE.— 

4 In this section, the term ‘covered rail employee’ means a 

5 railroad employee whose primary reporting point is in 

6 Mexico.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in section 1(b) of the Rail Safety Improvement 

9 Act of 2008 (Public Law 110–432), is amended by 

10 inserting after the item relating to section 420 the 

11 following: 

‘‘Sec. 421. Safety standards for certain rail crews.’’. 

12 SEC. 9511. YARDMASTERS HOURS OF SERVICE. 

13 (a) LIMITATIONS ON DUTY HOURS OF YARDMASTER

14 EMPLOYEES.—Section 21103 of title 49, United States 

15 Code, is amended— 

16 (1) in the section heading by inserting ‘‘AND

17 YARDMASTER EMPLOYEES’’ after ‘‘TRAIN EM18 PLOYEES’’; 

19 (2) by inserting ‘‘or yardmaster employee’’ after 

20 ‘‘train employee’’ each place it appears; and 

21 (3) in subsection (e) by inserting ‘‘or 

22 yardmaster employee’s’’ after ‘‘During a train em23 ployee’s’’. 

24 (b) DEFINITIONS.—Section 21101 of title 49, United 

25 States Code, is amended— 


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1 (1) in paragraph (3) by inserting ‘‘a yardmaster 

2 employee,’’ after ‘‘dispatching service employee,’’; 

3 and 

4 (2) by adding at the end the following: 

5 ‘‘(6) ‘yardmaster employee’ means an indi6 vidual responsible for supervising and coordi7 nating the control of trains and engines oper8 ating within a rail yard.’’. 

9 (c) CONFORMING AMENDMENT.—The analysis for 

10 chapter 211 of title 49, United States Code, is amended 

11 by striking the item relating to section 21103 and insert12 ing the following: 

‘‘21103. Limitations on duty hours of train employees and yardmaster employees.’’. 

13 SEC. 9512. LEAKING BRAKES. 

14 The Administrator of the Federal Railroad Adminis15 tration shall take such actions as are necessary to ensure 

16 that no DB–60 air brake control valve manufactured be17 fore January 1, 2006, is equipped on a rail car operating 

18 on— 

19 (1) a unit train north of the 37th parallel on 

20 or after August 1, 2022; or 

21 (2) a non-unit train north of the 37th parallel 

22 on or after August 1, 2024. 


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1 SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES. 

2 Section 20157 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(m) ANNUAL REPORT OF SYSTEM FAILURES.—Not 

5 later than April 16 of each calendar year following the 

6 date of an implementation deadline under subsection 

7 (a)(1), each railroad shall submit to the Secretary a report 

8 containing the number of positive train control system fail9 ures, separated by each major hardware category, that oc10 curred during the previous calendar year.’’. 

11 SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) maintaining the highest level of safety 

15 across the nation’s railroad network is of critical im16 portance; 

17 (2) ensuring the safety of rail transportation re18 quires the full attention of all workers engaged in 

19 safety-critical functions; 

20 (3) fatigue degrades an individual’s ability to 

21 stay awake, alert, and attentive to the demands of 

22 safe job performance; 

23 (4) the cognitive impairments to railroad work24 ers that result from fatigue can cause dangerous sit25 uations that put workers and communities at risk; 


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1 (5) the Rail Safety Improvement Act of 2008 

2 mandated that the Federal Railroad Administration 

3 conduct two pilot projects to analyze specific prac4 tices that may be used to reduce fatigue in employ5 ees and as of the date of enactment of this Act, nei6 ther pilot project has commenced; and 

7 (6) the Federal Railroad Administration should 

8 coordinate with the industry and the workforce to 

9 commence and complete the fatigue pilot projects 

10 mandated in 2008. 

11 (b) PILOT PROJECTS.—Section 21109(e) of title 49, 

12 United States Code, is amended— 

13 (1) by striking ‘‘Not later than 2 years after 

14 the date of enactment of the Rail Safety Improve15 ment Act of 2008’’ and inserting ‘‘Not later than 1 

16 year after the date of enactment of the TRAIN 

17 Act’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(3) COORDINATION.—The pilot projects re20 quired under subparagraph (1) shall be developed 

21 and evaluated in coordination with the labor organi22 zation representing the class or craft of employees 

23 impacted by the pilot projects.’’. 

24 (c) REIMBURSEMENT.—The Secretary of Transpor25 tation may reimburse railroads participating in the pilot 


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1 projects under 21109(e) of title 49, United States Code, 

2 a share of the costs associated with the pilot projects, as 

3 determined by the Secretary. 

4 (d) REPORT.— 

5 (1) IN GENERAL.—If the pilot projects required 

6 under section 21109(e) of title 49, United States 

7 Code, have not commenced on the date that is 1 

8 year after the date of enactment of this Act, the 

9 Secretary shall, not later than 1 year and 30 days 

10 after the date of enactment of this Act, transmit to 

11 the Committee on Transportation and Infrastructure 

12 of the House of Representatives and the Committee 

13 on Commerce, Science, and Transportation of the 

14 Senate a report describing— 

15 (A) the status of the pilot projects; 

16 (B) actions the Federal Railroad Adminis17 tration has taken to commence the pilot 

18 projects, including efforts to recruit participant 

19 railroads; 

20 (C) any challenges impacting the com21 mencement of the pilot projects; and 

22 (D) any other details associated with the 

23 development of the pilot projects that affect the 

24 progress toward meeting the mandate of such 

25 section. 


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1 SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS. 

2 (a) AMENDMENT.—Subchapter II of chapter 201 of 

3 title 49, United States Code, as amended by this division, 

4 is further amended by adding at the end the following: 

5 ‘‘§ 20170. Assault prevention and response plans 

6 ‘‘(a) IN GENERAL.—Not later than 180 days after 

7 the date of enactment of the TRAIN Act, any entity that 

8 provides regularly scheduled intercity or commuter rail 

9 passenger transportation shall submit to the Secretary of 

10 Transportation for review and approval an assault preven11 tion and response plan (in this section referred to as the 

12 ‘Plan’) to address transportation assaults. 

13 ‘‘(b) CONTENTS OF PLAN.—The Plan required under 

14 subsection (a) shall include— 

15 ‘‘(1) procedures that— 

16 ‘‘(A) facilitate the reporting of a transpor17 tation assault, including the notification of on18 site personnel, rail law enforcement, and local 

19 law enforcement; 

20 ‘‘(B) personnel should follow up on the re21 porting of a transportation assault, including 

22 actions to protect affected individuals from con23 tinued assault; 

24 ‘‘(C) may be taken to remove the pas25 senger or personnel who has committed a trans26 portation assault from the train or related area 


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1 or facility as soon as practicable when appro2 priate; 

3 ‘‘(D) include protections and safe reporting 

4 practices for passengers who may have been as5 saulted by personnel; and 

6 ‘‘(E) may limit or prohibit, to the extent 

7 practicable, future travel with the entity de8 scribed in subsection (a) by any passenger or 

9 personnel who commits a transportation assault 

10 against personnel or passengers; 

11 ‘‘(2) a policy that ensures an employee who is 

12 a victim or witness of a transportation assault may 

13 participate in the prosecution of a criminal offense 

14 of such assault without any adverse effect on the vic15 tim’s or witnesses’ employment status; and 

16 ‘‘(3) a process and timeline for conducting an 

17 annual review and update of the Plan. 

18 ‘‘(c) NOTICE TO PASSENGERS.—An entity described 

19 under subsection (a) shall display onboard trains and in 

20 boarding areas, as appropriate, a notice stating the enti21 ty’s abilities to restrict future travel under subsection 

22 (b)(1)(E). 

23 ‘‘(d) PERSONNEL TRAINING.—An entity described 

24 under subsection (a) shall provide initial and annual trainVerDate Sep 11 2014 00:22 Jun 12, 2020 Jkt 099200 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 E:\BILLS\H2.IH H2

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1 ing for all personnel on the contents of the Plan, including 

2 training regarding— 

3 ‘‘(1) the procedures described in subsection (b); 

4 ‘‘(2) methods for responding to hostile situa5 tions, including de-escalation training; and 

6 ‘‘(3) rights and responsibilities of personnel 

7 with respect to a transportation assault on them8 selves, other personnel, or passengers. 

9 ‘‘(e) PERSONNEL PARTICIPATION.—The Plan re10 quired under subsection (a) shall be developed and imple11 mented with the direct participation of personnel, and, as 

12 applicable, labor organizations representing personnel. 

13 ‘‘(f) REPORTING.— 

14 ‘‘(1) INCIDENT NOTIFICATION.— 

15 ‘‘(A) IN GENERAL.—Not later than 10 

16 days after a transportation assault incident, the 

17 applicable entity described in subsection (a) 

18 shall notify personnel employed at the location 

19 in which the incident occurred. In the case of 

20 an incident on a vehicle, such entity shall notify 

21 personnel regularly scheduled to carry out em22 ployment activities on the service route on 

23 which the incident occurred. 


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1 ‘‘(B) CONTENT OF INCIDENT REPORT.— 

2 The notification required under paragraph (1) 

3 shall— 

4 ‘‘(i) include a summary of the inci5 dent; and 

6 ‘‘(ii) be written in a manner that pro7 tects the confidentiality of individuals in8 volved in the incident. 

9 ‘‘(2) ANNUAL REPORT.—For each calendar 

10 year, each entity with respect to which a transpor11 tation assault incident has been reported during 

12 such year shall submit to the Secretary report that 

13 describes— 

14 ‘‘(A) the number of assault incidents re15 ported to the entity, including— 

16 ‘‘(i) the number of incidents com17 mitted against passengers; and 

18 ‘‘(ii) the number of incidents com19 mitted against personnel; and 

20 ‘‘(B) the number of assault incidents re21 ported to rail or local law enforcement by per22 sonnel of the entity. 

23 ‘‘(3) PUBLICATION.—The Secretary shall make 

24 available to the public on the primary website of the 


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1 Federal Railroad Administration the data collected 

2 under paragraph (2). 

3 ‘‘(4) DATA PROTECTION.—Data made available 

4 under this subsection shall be made available in a 

5 manner that protects the confidentiality of individ6 uals involved in transportation assault incidents. 

7 ‘‘(g) DEFINITION OF TRANSPORTATION ASSAULT.— 

8 In this section, the term ‘transportation assault’ means 

9 the occurrence, or reasonably suspected occurrence, of an 

10 act that— 

11 ‘‘(1) constitutes assault; 

12 ‘‘(2) is committed by a passenger or member of 

13 personnel of an entity that provides regularly sched14 uled intercity or commuter rail passenger transpor15 tation against another passenger or member of per16 sonnel of such entity; and 

17 ‘‘(3) takes place— 

18 ‘‘(A) within a vehicle of such entity; or 

19 ‘‘(B) in an area in which passengers are 

20 entering or exiting a vehicle described in sub21 paragraph (A); or 

22 ‘‘(C) a station or facility where such entity 

23 operates, regardless of ownership of the station 

24 or facility.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 subchapter II of chapter 201 of title 49, United States 

3 Code, as amended by this division, is further amended by 

4 adding at the end the following: 

‘‘20170. Assault prevention and response plan.’’. 

5 SEC. 9516. CRITICAL INCIDENT STRESS PLANS. 

6 The Secretary of Transportation shall issue such reg7 ulations as are necessary to amend part 272 of title 49, 

8 Code of Federal Regulations, to ensure that— 

9 (1) the coverage of a critical incident stress 

10 plan under section 272.7 of such part includes em11 ployees of commuter railroads and intercity pas12 senger railroads, as such terms are defined in sec13 tion 272.9 of such part, who directly interact with 

14 passengers; and 

15 (2) assault and the witnessing of an assault 

16 against an employee or train passenger is included 

17 in the definition of critical incident under section 

18 272.9 of such part. 

19 SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS. 

20 (a) IN GENERAL.—The Administrator of the Federal 

21 Railroad Administration shall conduct a study on the fea22 sibility of expanding railroad safety culture assessments 

23 and training to include assessments and training for work24 ers employed by tourist railroads, passenger railroads, and 

25 commuter railroads. 


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1 (b) CONTENTS OF STUDY.—The study required 

2 under subsection (a) shall include— 

3 (1) an analysis on the need for the expansion; 

4 (2) the resources required to carry out the addi5 tional assessments and training; and 

6 (3) other potential safety challenges the initia7 tive could address. 

8 (c) REPORT.—The Federal Railroad Administration 

9 shall submit to the Committee on Transportation and In10 frastructure of the House of Representatives and the Com11 mittee on Commerce, Science, and Transportation of the 

12 Senate a report on the results of the study conducted 

13 under subsection (a). 

14 Subtitle B—Grade Crossing Safety 

15 SEC. 9551. GRADE CROSSING SEPARATION GRANT. 

16 (a) IN GENERAL.—Subchapter II of chapter 201 of 

17 title 49, United States Code, as amended by this division, 

18 is further amended by adding at the end the following: 

19 ‘‘§ 20171. Grade crossing separation grants 

20 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

21 Transportation shall make grants under this section to eli22 gible entities to assist in financing the cost of highway23 rail grade separation projects. 

24 ‘‘(b) APPLICATION REQUIREMENTS.—To be eligible 

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1 mit to the Secretary an application in such form, in such 

2 manner, and containing such information as the Secretary 

3 may require, including— 

4 ‘‘(1) an agreement between the entity that owns 

5 or controls the right-of-way and the applicant ad6 dressing access to right-of-way throughout the 

7 project; and 

8 ‘‘(2) a cost-sharing agreement with the funding 

9 amounts that the entity that owns or controls the 

10 right-of-way shall contribute to the project, which 

11 shall be not less than 10 percent of the total project 

12 cost. 

13 ‘‘(c) ELIGIBLE PROJECTS.—The following projects 

14 are eligible to receive a grant under this section: 

15 ‘‘(1) Installation, repair, or improvement of 

16 grade crossing separations. 

17 ‘‘(2) Grade crossing elimination incidental to el18 igible grade crossing separation projects. 

19 ‘‘(3) Project planning, development, and envi20 ronmental work related to a project described in 

21 paragraph (1) or (2). 

22 ‘‘(d) PROJECT SELECTION CRITERIA.— 

23 ‘‘(1) LARGE PROJECTS.—Of amounts made 

24 available to carry out this section, not more than 50 


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1 percent shall be available for projects with total 

2 costs of $100,000,000 or greater. 

3 ‘‘(2) CONSIDERATIONS.—In awarding grants 

4 under this section, the Secretary— 

5 ‘‘(A) shall give priority to projects that 

6 maximize the safety benefits of Federal fund7 ing; and 

8 ‘‘(B) may evaluate applications on the 

9 safety profile of the existing crossing, 10-year 

10 history of accidents at such crossing, inclusion 

11 of the proposed project on a grade crossing 

12 safety action plan, average automobile traffic, 

13 freight train traffic, average daily number of 

14 crossing closures, and proximity of community 

15 resources, including schools, hospitals, fire sta16 tions, police stations, and emergency medical 

17 service facilities. 

18 ‘‘(e) FEDERAL SHARE OF TOTAL PROJECT COSTS.— 

19 ‘‘(1) TOTAL PROJECT COSTS.—The Secretary 

20 shall estimate the total costs of a project under this 

21 section based on the best available information, in22 cluding any available engineering studies, studies of 

23 economic feasibility, environmental analysis, and in24 formation on the expected use of equipment or facili25 ties. 


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1 ‘‘(2) FEDERAL SHARE.— 

2 ‘‘(A) PROJECTS OVER $40,000,000.—For 

3 projects exceeding $40,000,000 in total project 

4 costs, the Federal share under this section for 

5 such project shall not exceed 65 percent. 

6 ‘‘(B) PROJECTS UNDER $40,000,000.—For 

7 projects not exceeding $40,000,000 in total 

8 project costs, the Federal share under this sec9 tion for such project shall not exceed 85 per10 cent. 

11 ‘‘(f) GRANT CONDITIONS.—An eligible entity may not 

12 receive a grant for a project under this section unless such 

13 project is in compliance with section 22905, except that 

14 22905(b) shall only apply to a person that conducts rail 

15 operations. 

16 ‘‘(g) DEFINITIONS.—In this section: 

17 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en18 tity’ means— 

19 ‘‘(A) a State; 

20 ‘‘(B) a public agency or publicly chartered 

21 authority; 

22 ‘‘(C) a metropolitan planning organization; 

23 ‘‘(D) a political subdivision of a State; and 

24 ‘‘(E) a Tribal government. 


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1 ‘‘(2) METROPOLITAN PLANNING ORGANIZA2 TION.—The term ‘metropolitan planning organiza3 tion’ has the meaning given such term in section 

4 134(b) of title 23. 

5 ‘‘(3) STATE.—The term ‘State’ means a State 

6 of the United States or the District of Columbia.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for sub8 chapter II of chapter 201 of title 49, United States Code, 

9 as amended by this division, is further amended by adding 

10 at the end the following: 

‘‘20171. Grade crossing separation grants.’’. 

11 SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANT. 

12 (a) IN GENERAL.—Subchapter II of chapter 201 of 

13 title 49, United States Code, as amended by this division, 

14 is further amended by adding at the end the following: 

15 ‘‘§ 20172. Rail safety public awareness grants 

16 ‘‘(a) GRANT.—The Administrator of the Federal 

17 Railroad Administration shall make grants to eligible enti18 ties to carry out public information and education pro19 grams to help prevent and reduce rail-related pedestrian, 

20 motor vehicle, and other accidents, incidents, injuries, and 

21 fatalities, and to improve awareness along railroad rights22 of-way and at railway-highway grade crossings. 

23 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

24 under this section, an eligible entity shall submit to the 

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1 ner, and containing such information as the Secretary may 

2 require. 

3 ‘‘(c) CONTENTS.—Programs eligible for a grant 

4 under this section— 

5 ‘‘(1) shall include, as appropriate— 

6 ‘‘(A) development, placement, and dissemi7 nation of public service announcements in ap8 propriate media; 

9 ‘‘(B) school presentations, driver safety 

10 education, materials, and public awareness cam11 paigns; and 

12 ‘‘(C) disseminating information to the pub13 lic on how to identify and report to the appro14 priate authorities unsafe or malfunctioning 

15 highway-rail grade crossings; and 

16 ‘‘(2) may include targeted and sustained out17 reach in communities at greatest risk to develop 

18 measures to reduce such risk. 

19 ‘‘(d) COORDINATION.—Eligible entities shall coordi20 nate program activities with local communities, law en21 forcement and emergency responders, and rail carriers, as 

22 appropriate, and ensure consistency with State highway23 rail grade crossing action plans required under section 

24 11401(b) of the FAST Act (49 U.S.C. 22501 note) and 

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1 passing on Railroad Property’ issued by the Federal Rail2 road Administration in October 2018. 

3 ‘‘(e) PRIORITIZATION.—In awarding grants under 

4 this section, the Administrator shall give priority to appli5 cations for programs that— 

6 ‘‘(1) are nationally recognized; 

7 ‘‘(2) are targeted at schools in close proximity 

8 to railroad rights-of-way; 

9 ‘‘(3) partner with nearby railroad carriers; or 

10 ‘‘(4) focus on communities with a recorded his11 tory of repeated grade crossing accidents. 

12 ‘‘(f) DEFINITIONS.—In this section: 

13 ‘‘(1) ELIGIBLE ENTITY.—the term ‘eligible enti14 ty’ means— 

15 ‘‘(A) a nonprofit organization; 

16 ‘‘(B) a State; 

17 ‘‘(C) a political subdivision of a State; and 

18 ‘‘(D) a law enforcement agency or emer19 gency response organization. 

20 ‘‘(2) STATE.—The term ‘State’ means a State 

21 of the United States or the District of Columbia.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis for sub23 chapter II of chapter 201 of title 49, United States Code, 

24 as amended by this division, is further amended by adding 

25 at the end the following: 

‘‘20172. Rail safety public awareness grants.’’. 


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1 SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR 

2 BLOCKING PUBLIC GRADE CROSSINGS. 

3 (a) IN GENERAL.—Subchapter II of chapter 201 of 

4 title 49, United States Code, as amended by this division, 

5 is further amended by adding at the end the following: 

6 ‘‘§ 20173. Time limit for blocking a rail crossing 

7 ‘‘(a) TIME LIMIT.—A train, locomotive, railroad car, 

8 or other rail equipment is prohibited from blocking a 

9 crossing for more than 10 minutes, unless the train, loco10 motive, or other equipment is directly delayed by— 

11 ‘‘(1) a casualty or serious injury; 

12 ‘‘(2) an accident; 

13 ‘‘(3) a track obstruction; 

14 ‘‘(4) an act of God; or 

15 ‘‘(5) a derailment or a major equipment failure 

16 that prevents the train from advancing. 

17 ‘‘(b) CIVIL PENALTY.—The Secretary of Transpor18 tation may issue civil penalties for violations of subsection 

19 (a) in accordance with section 21301. 

20 ‘‘(c) DELEGATION.—The Secretary may delegate en21 forcement actions under subsection (b) to States either 

22 through a State inspector certified by the Federal Rail23 road Administration, or other law enforcement officials as 

24 designated by the States and approved by the Administra25 tion. The Secretary shall issue guidance or regulations not 

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1 teria and process for States to gain approval under this 

2 section. 

3 ‘‘(d) APPLICATION TO AMTRAK AND COMMUTER

4 RAILROADS.—This section shall not apply to Amtrak or 

5 commuter authorities, including Amtrak and commuter 

6 authorities’ operations run or dispatched by a Class I rail7 road. 

8 ‘‘(e) DEFINITIONS.—In this section: 

9 ‘‘(1) CROSSING.—The term ‘crossing’ means a 

10 location within a State in which a public highway, 

11 road, or street, including associated sidewalks and 

12 pathways, crosses 1 or more railroad tracks either at 

13 grade or grade-separated. 

14 ‘‘(2) BLOCKED CROSSING.—The term ‘blocked 

15 crossing’ means a circumstance in which a train, lo16 comotive, railroad car, or other rail equipment is 

17 stopped or is standing in a manner that obstructs 

18 public travel at a crossing.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for sub20 chapter II of chapter 201 of title 49, United States Code, 

21 is further amended by adding at the end the following new 

22 item: 

‘‘20173. Time limit for blocking a rail crossing.’’. 


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1 SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED 

2 CROSSINGS. 

3 (a) IN GENERAL.—Not later than 18 months after 

4 the date of enactment of this Act, the Secretary of Trans5 portation shall submit to the Committee on Transpor6 tation and Infrastructure of the House of Representatives 

7 and the Committee on Commerce, Science, and Transpor8 tation of the Senate, and make publicly available on the 

9 website of the Department of Transportation, a report 

10 containing a national strategy to address blocked cross11 ings. 

12 (b) PUBLIC LAW 116–94.—The strategy required 

13 under subsection (a) shall incorporate the recommenda14 tions and briefing described in the report accompanying 

15 the Department of Transportation Appropriations Act, 

16 2020 (Public Law 116–94) with respect to the amounts 

17 provided under the heading ‘‘Federal Railroad Adminis18 tration—Safety and Operations’’. 

19 (c) REPORT CONTENTS.—The strategy required 

20 under subsection (a) shall include an analysis of the fol21 lowing topics, including any specific legislative or regu22 latory recommendations: 

23 (1) How best to engage the public, representa24 tives of labor organizations representing railroad em25 ployees, law enforcement officers, highway traffic of26 ficials, or other employees of a public agency acting 


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1 in an official capacity to identify and address 

2 blocked crossings. 

3 (2) How technology and positive train control 

4 system data can be used to identify and address in5 stances of blocked crossings. 

6 (3) How to identify and address instances of 

7 blocked crossings at crossings with passive or no 

8 warning devices. 

9 (4) How best to use the data collected under a 

10 webpage established by the Secretary for the public 

11 and law enforcement to report instances of blocked 

12 crossings, including whether such data should be 

13 verified by each rail carrier or incorporated into the 

14 national crossing inventory established under section 

15 20160 of title 49, United States Code. 

16 (d) UPDATING STRATEGY.—The Secretary shall 

17 evaluate the strategy developed under this section not less 

18 than every 5 years, and update it as needed. 

19 (e) DEFINITIONS.—In this section: 

20 (1) BLOCKED CROSSING.—The term ‘‘blocked 

21 crossing’’ means a circumstance in which a train, lo22 comotive, railroad car, or other rail equipment is 

23 stopped or is standing in a manner that obstructs 

24 public travel at a crossing. 


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1 (2) POSITIVE TRAIN CONTROL SYSTEM.—The 

2 term ‘‘positive train control system’’ has the mean3 ing given the term in section 20157(i) of title 49, 

4 United States Code. 

5 SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED 

6 CROSSING MATTERS. 

7 Section 20152 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1)— 

11 (i) in subparagraph (C) by striking 

12 ‘‘or’’ at the end; 

13 (ii) by redesignating subparagraph 

14 (D) as subparagraph (E); and 

15 (iii) by inserting the following after 

16 subparagraph (C): 

17 ‘‘(D) blocked crossings; or’’; 

18 (B) in paragraph (4)— 

19 (i) by striking ‘‘paragraph (1)(C) or 

20 (D)’’ and inserting ‘‘subparagraph (C), 

21 (D), or (E) of paragraph (1)’’; and 

22 (ii) by striking ‘‘and’’ at the end; 

23 (C) in paragraph (5) by striking the period 

24 at the end and inserting ‘‘; and’’ ; and 

25 (D) by adding at the end the following: 


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1 ‘‘(6) promptly inform the Secretary if the num2 ber required to be established under subsection (a) 

3 has changed and report the new number to the Sec4 retary.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(c) PUBLICATION OF TELEPHONE NUMBERS.—The 

7 Secretary shall make any telephone number established 

8 under subsection (a) publicly available on the website of 

9 the Department of Transportation.’’. 

Æ 


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